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BANCROFT 
LIBRARY 

o 

THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


Irrigation  Laws  of 
New  Mexico 


Compiled   by  the  State  Engineer  for  the  Board  of 
Water  Commissioners,  July,  1920. 


IRRIGATION  LAWS 


OF  THE 


STATE  OF  NEW  MEXICO 


WITH 


An  Index  of  Decisions  of  the  State  Board  of  Water 

Commissioners 

Opinions  Renedered  by  the  Attorney  General 
and  Water  Decisions  by  the 
Supreme  Court 


Compiled  by  the  State  Engineer  for  the  Board 

of  Water  Commissioners 

July,  1920 


Members  of  State  Board  of  Water 
Commissioners 

FRANCIS  G.  TRACY,  Chairman Carlsbad,  N.  M. 

NUMA  C.  FRENGER Las  Cruces,  N.  M. 

NICACIO  ORTEGA  Chimayo,  N.  M. 

A.  J.  FISCHER,  Clerk Santa  Fe,  N.  M 


L.  A.  GILLETT,  State  Engineer Santa  Fe,  N.  M. 

BRADLEY  M.  THOMAS,  Law  Clerk Santa  Fe,  N.  M. 


Santa  Fe  New  Mexican  Publishing  Corporation,  Santa  Fe,  N.  M. 


INDEX 


Section 

Appropriation — waters  subject  to ., , 1 

Applications — see  water  rights. 

Assignments  of  water  rights „ 45 

Pages 
Attorney  General  opinions,  index  of - 104 

Section 

Beneficial  use  - „...      2 

Bridges  to  be  constructed  by  owners  of  ditches 58 

Board  of  Water  Commissioners,  how  created  _ 70 

Board  of  Water  Commissioners,  duties  of  71 

Board  of  Water  Commissioners,  decisions,  appeal  from,  action 

or  non-action 73 — 7  4 

Board  of  Water  Commissioners,  may  make  rules  and  regulations    75 

Board    of  Water  Commissioners,  per  diem  and  expenses 76 

Board  of  Water  Commissioners,  shall  appoint  clerk : 7T 

Pages 

Board  of  Water  Commissioners,  index  of  decisions  98 

Board  of  Water  Commissioners,  rules  of 114 

Section 

Community  ditches,  existing,  not  affected 28 

Community  ditches,  point  of  diversion,  how  changed _ 205 

Construction  work,  time  for  completion  of  one  fifth 36 

Construction  work,  when  completed  - 37 

Construction  work,  unsafe  method  of  procedure 39 — 40 

Certificate  of  construction,  when  issued _ 38 

Community  customs,  rules,  etc , _ 65 

Ditch  owner  shall  construct  headgate 55 

Destruction  of  headgates,  weirs,  dams,  etc 56 


Decisions  State  Board  of  Water  Commissioners,  index  of,  48 

Decisions  Supreme  Court , 109 

Section 

Enlargement  of  existing  structures — 3 — 69 

Extension  of  time  for  construction 36-  37,  41  to  44 

Extension  of  time  for  construction  works  started  previous  to  act    85 

Fees    _ ~ 9 

Hydrographic  Surveys,  to  be  made  by  State  Engineer 19 — 20 


Hydrographic  Surveys,  suit  to  determine  rights,  decreed 21  to  26 

Hydrographic  Surveys,    moneys,  how  provided  and  expended 23 

Headgate,  ditch  owner  shall  construct  55 

Headgate,  destruction  of  56 

Irrigation    Districts: 

Section 

When  irrigation  district  may  be  formed.     Proviso : 148 

Petition  to  be  filed  with  Board  of  County  Commissioners;  con- 
tents of.  Bond  to  accompany.  Publication  of  petition 150 

Procedure  of  County  Commissioners.  Call  for  election.  District 
to  contain  three  divisions.  Board  of  directors  of  district.  Each 
division  election  precinct.  Appointment  of  judges  and  clerks. 
Proviso 151 

Publication  of  notice  of  election.  Contents  of.  Legal  Voters.  Form 
of  ballot,  etc 152 

County  Commissioners  to  canvass  votes,  and  issue  order.     Order 

to  be  filed.     Election  precincts  and  polling  places 153 

Regular  election  in  district.    Date  of.  Officers  elected  to  take  oath. 

Filing  of.     Bond.     Form  of  154 

Office  of  board  of  directors.  Location.  Polling  places.  Posting 
of  notices  of,  for  election  subsequent  to  organization  of  dis- 
trict. Officers  to  be  appointed  155 

Judge  of  election  .  Powers.    Oath.    Who  may  administer.    Officers 

to  take.     Hours  for  voting _ 156 

Return.     Form.     Rejection.     When.     Board  of  directors   to  meet 

and  canvass  returns.     Postponement.     Result 157 

Secretary  of  board  of  directors  to  make  return.  Statement.  Con- 
tents of.  Vacancy  in  board  of  directors.  How  filled 158 

Directors  to  organize  as  board..  Duties  of.  Powers.  To  make 
report  to  Territorial  Engineer.  Fee  to  accompany.  Engineer 
to  examine  and  report.  Board  of  directors  may  appeal.  Addi- 
tional powers  of  board.  Rules  and  Regulations  to  be  printed. 
Apportionment  of  water.  Proviso 159 

Meetings  of  board.     Quorum.     Records.     Additional  powers 160 

Title  to  property  to  be  vested  in  irrigation  district.     Exemption 

from  taxes.     Proviso '..„ 160 

Board  to  take  conveyances,  etc.     May  sue  and  be  sued.     When. 

district  legally  organized,  etc _ 161 

Bond  issue.  When.  Notice  of  election.  Publication.  Proviso. 
Ballot.  Form  of.  Vote  for  bonds.  Issue.  Amont.  Expiration. 
Payments,  etc.  Proviso - 162 

When  board  may  sell  bonds.    To  hold  meeting  and  decide  amount 

of.     Notice  of  sale  of  by  publication.     Proposals.  Sale 163 

Bonds.     How  paid „ 164 

Board   of  directors   to   meet  annually   and   determine   amount   of 

money  necessary  for  maintenance  for  ensuing  year 165 

—  ii  — 


Duty  of  assessor.     Assessments.     List  of.     Those  exempt 166 

Board  of  County  Commissioners  to  certify  levies  to  commission- 
ers of  each  county  embracing  any  portion  of  district.     Rate 

of  levy  to  be  increased.    Special  taxes 167 

County  treasurer  ex-officio  district  treasurer.    Liability  of.    Duties. 
Accounts  to  keep,  etc.     Report  of  district  treasurer  to  board 

of  directors  monthly.     Proviso 168 

Revenue  laws  of  Territory  applicable  for  purposes  of  this  act 169 

Construction  of  canals,  etc.     Publication  of  notice.     Contents  of 
notice.     Contracts  to  be  let  to  whom.     Approval  of  work  by 

board r , 170 

Payment  of  claims.     Proviso.     Record  of  warrants,  etc 171 

Funds  for  defraying  expenses  of  organization,  management,  etc., 

to  be  raised  by  levy  and  assessment.     Proviso 172 

Power  to   construct:     Right-of-way,   etc 173 

Board  of  directors.     Compensation.     Directors  or  officers  not  to 
be  interested  in  any  contract.     Receipt  of  bonds,  gratuity  or 

bribe.     Felony.     Penalty  , 17  4 

Board  of  directors,  etc,  not  to  incur  debts  in  excess  of  provisions 

of  act.     Void .'. _ 175 

Distribution  of  water.     Insufficient  supply 176 

Restriction  as  to  diversion  of  waters , 177 

Boundaries  of  irrigation  district.     Change  of 178 

Petition  by  property  holder  adjoining  to  have  land   included   in 

district.     Form  of 179 

Secretary  of  district  to  publish  notice  of  filing  of  petition.     Con- 
tents of.    Petitioner  to  advance  costs 180 

Board  to  hold  meeting  and  hear  objections.     Failure  of  interested 

persons  to  show  cause,  deemed  assent 181 

Board  of  directors  to  require  petitioners  to  pay  pro  rata  share  of 

all  previous  bonds,  interest,  etc r 182 

Board  of  directors  may  reject  petition  or  include.    Change  of  boun- 
daries.    Survey.     Proviso _ 183 

Board  to  order  change.     Copy  of  order  with  plat  of  district  show- 
ing change  to  be  filed  for  record,  etc, 184 

Petition  to  be  recorded  in  minutes r * 184 

Guardian,  etc.,  may  sign  petition  and  show  cause 185 

Re-division  of  district.  Numbering  of.  Directors.  Election  of,  etc 186 

Exclusion  of  land  included  in  district.     Procedure.     Effect  of _ 187 

Petition  for  exclusion  of  lands.     Contents  of _ 188 

Notice  of  filing  to  be  published.     Where.     Posting  of.     Contents 
of.     Expiration  of  time  to  show  cause.     Petitioner  to  advane 

funds  to  pay  costs _ - _ 189 

Board  to  hear  objections.     Result - .....  190 

Denial  of  petition.    Granting  of  petition.    Proviso _..._ 191 

Certified  copy  of  order  with  plat  to  be  filed _ _ _ 192 

Division  of  district.     Election,  etc.  ...  - 193 


Petition  for  dissolution  of  district.  Procedure,  etc.  Ballots.  Form  of.  194 

Canvass  of  vote.    Certificate  to  be  recorded.    Result 195 

Sale  of  bonds  of  district 196 

Proceedings  for  approval  of  bond  issue,  etc 197 

Hearing  of  petition,  etc.    Procedure -...., - 198 

Demurrer.     Provisions  of  Code  of  Civil  Procedure  applicable. 

Rules  of  pleading  and  practice -...._ - 199 

Finding  of  court _ - 200 

"District"  defined  for  purposes  of  act 201 

License  to  appropriate , 41 

Liens  on  lands _ _ _._ 61 

Lands  under  U.  S.  projects,  how  sold , 63 

Misdemeanor,  destruction  of  diversion  or  storage  works 56 

Misdemeanor,  what  shall  constitute  _ 57 

Misdemeanor,  unlawful  to  obstruct  use  of  works - , 64 

Misdemeanor  penalties     - 60 

Misdemeanor,  violation  of  Section  75  79 

Pages 
Opinions  of  Attorney  General,  index  of - -....- ,. _ 104 

Section 

Proofs  of  publication  _ _ ,. 34 

Penalties  for  violation  of  this  act...... 60 

Right-of-way,  by  the  U.  S.  and  others _ 3 

Rights-of-way,  how  acquired  by  county  commissioners _ 19 

Records  of  office  of  State  Engineer. _ _ 10 

Rules  and  regulations,  office  of  State  Engineer 11 

Report  of  Hydrographic  Survey  by  State  Engineer _ _ '......    20 

Rules,  community  customs,  etc.  „ - 65 

State  Engineer,  qualifications,  duties,  etc 4,  5,  7,  8 

State  Engineer,  fees   * _ „. 9 

State  Engineer,  records,  how  kept  __ _ _ _ 10 

State  Engineer,  supervisor  of  apportionment  of  water 12 — 13 

State  Engineer,  to  co-operate  with  Boards  of  County  Commis- 
sioners    - - ~ - 19 

State  Engineer,  legal  advisers  of  _ _ 47 

State  Engineer,  or  assistant,  power  to  make  arrests 56 

State  Engineer,  appeal  from  action  of ~ — 72 — 83 

Stock  watering  purposes,  not  affected  by  act...... _ 29 

Pages 
Supreme  Court  decisions,  index  of „ - -....- 109 

Territorial  Engineer,  see  State  Engineer. 

Section 

United  States,  right-of-way,  how  acquired _ - 3 

United  States,  co-operates  on  hydrographic  surveys 8 

—  iv  — 


United  States,  construction  works,  not  subject  to  inspection 39 

United  States,  water  rights,  how  acquired  by 49 

United  States,  works  of,  land  under  to  be  sold  in  farm  units _ 61 

Water  Master,  how  and  when  appointed  « „ 14 

Water  Master,  appeal  from  acts  or  decision  of _ 15 

Water  Master,  how  paid  ........ „ 16 

Water  Master,  reports  to  State  Engineer 17 

Water  Master,  not  appointed  until  rights  are  adjudicated - 66 

Water  Rights,  beneficial  use  the  limit 2 

Water  Rights,  to  use  water,  how  acquired  27,  32,  33,  34 

Water  Rights,  grounds  of  rejection , 35 

Water  Rights,  assignments  of - — - 45 

Water  Rights,  suits,  how  determined  _ - 46 

Water  Rights,  limitation  of  deferred  use 51 

Water  Rights,  change  of  diversion  and  use....... r _ 32,  53,  54 

Water  Rights,  to  seepage  water  from  constructed  works -..  62 

Water  Rights,  existing  ,not  impaired  by  act 67 

Water  Rights,  all  papers  shall  be  filed  in  county „ 78 

Water  Rights,  to  return  flow  _ .:_ 82 

Water,  surplus  salable  r 48 

Water,  standards  of  measures  of  _ ~ 50 

Water,  appurtenant  to  the  land  - - , ~ 53 

Water,  when  delivered  from  one  drainage  area  to  another „ 68 — 79 


Constitutional  Provisions. 

Adopted  January  21st,  1911 


ARTICLE  XVI 

Irrigation  and  Water  Rights. 

Section  1.  All  existing  rights  to  the  use  of  any  waters  in 
this  state  for  any  useful  or  beneficial  purposes  are  hereby 
recognized  and  confirmed. 

Sec.  2.  The  unappropriated  waters  of  every  natural  stream, 
perennial  or  torential,  within  the  State  of  New  Mexico,  is  here- 
by declared  to  belong  to  the  public  and  to  be  subject  to  ap- 
propriation for  beneficial  use.  In  accordance  with  the  law 
of  the  State,  priority  of  appropriation  shall  give  the  better 
right. 

Sec.  3.  Beneficial  use  shall  be  the  basis,  the  measure  and 
the  limit  of  the  right  to  the  use  of  water. 

Sec.  4.  The  Legislature  is  authorized  to  provide  by  law  for 
the  organization  and  operation  of  drainage  districts  and  sys- 
tems. 


IRRIGATION  LAWS  OF  NEW  MEXICO 


As  Amended  to  Date 


Section  1.  (Sec.  5654,  1915  Code.)  All  natural  waters  flow- 
ing in  streams  and  water  courses,  whether  such  be  perennial, 
or  torrential,  within  the  limits  of  the  state  of  New  Mexico,  be- 
long to  the  public  and  are  subject  to  appropriation  for  bene- 
ficial use. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §1. 

See  Sec.  5731. 

For  constitutional  provision  see  Art.  XVI,  §2. 

Cited  in  Turley  v.  Furman,  16  N.  M  262<  114  Pac.  278,  holding  proposed 
diversion  of  waters  in  Colorado  for  use  in  New  Mexico  is  not  within  the 
jurisdiction  of  the  Territorial  Engineer. 

This  section  expressly  limits  the  operation  of  the  act  of  1907  to  natural 
public  waters  within  the  territory  of  New  Mexico,  with  the  further  limitation 
Vhat  it  is  water  flowing  in  streams  and  water  courses. 

Vanerwork  v.  Hewes,  15  N.  M.  439,  110  Pac.  567. 

For  a  discussion  of  water  rights  prior  to  the  adoption  of  this  statute. 

See  Hagerman  Irrigation  Co.  v.  McMurray,  16  N.  M.  179,  113  Pac    823. 

An  arroyo  which  comes  out  of  hills  in  a  well  defined  channel  is  a  natural 
water  course  although  water  does  not  run  in  it  during  the  entire  year. 

Ditch  Co.  v.  Garcia,  17  N.  M.  160;  124  Pac.  891. 

Sec.  2.  (Sec.  5655,  1915  Code.)  Beneficial  use  shall  be  the 
basis,  the  measure  and  the  limit  of  the  right  to  the  use  of  water, 
and  all  waters  appropriated  for  irrigation  purposes,  except  as 
otherwise  provided  by  written  contract  between  the  owner  of 
the  land  and  the  owner  of  any  ditch,  reservoir  or  other  works 
for  the  storage  or  conveyance  of  water,  shall  be  appurtenant 
to  specified  lands  owned  by  the  persons,  firm  or  corporation 
having  the  right  to  use  the  water,  so  long  as  the  water  can  be 
beneficially  used  thereon,  or  until  the  severance  of  such  right 
from  the  land  in  the  manner  hereinafter  provided  in  this  article. 
Priority  in  time  shall  give  the  better  right.  In  all  cases  of  claims 
to  the  use  of  water  initiated  prior  to  March  19,  1907,  the  right 
shall  relate  back  to  the  initiation  of  the  claim,  upon  the  diligent 
prosecutiion  to  completion  of  the  necessaary  surveys,  and  con- 
struction for  the  application  of  the  water  to  a  beneficial  use. 
All  claims  to  the  use  of  water  initiated  thereafter  shall  relate 
back  to  the  date  of  the  receipt  of  an  application  therefor  in 
the  office  of  the  territorial  or  state  engineer,  subject  to  com- 
pliance with  the  provisions  of  this  article,  and  the  rules  and 
regulations  established  thereunder. 

Act  of  Mar.  19,  '07;  L,    '07,  C.  49,  §2. 

For  constitutional  provisions  see  Art.  XVI,   §3. 

For  further  provisions  making  water  appurtenant  to  land  see  Sec.  5703. 


Sec.  3.  (Sec.  5656,  1915  Code.)  The  United  States,  the  State 
of  New  Mexico,  or  any  person,  firm,  association  or  corporation, 
may  exercise  the  right  of  eminent  domain,  to  take  and  acquire 
land  right-of-way  for  the  construction,  maintenance  and  oper- 
ation of  reservoirs,  canals,  ditches,  flumes,  acqueducts,  pipe 
lines  or  other  works  for  the  storage  or  conveyance  of  water 
for  beneficial  uses,  including  the  right  to  enlarge  existing 
structures,  and  to  use  the  same  in  common  with  the  former 
owner;  any  such  right-of-way  for  canal,  ditch,  pipe  line,  or 
other  means  for  the  conveyance  of  water  shall  in  all  cases 
be  so  located  as  to  do  the  least  damage  to  private  or  public 
property  consistent  with  proper  use  and  economical  construc- 
tion. Such  land  and  right-of-way  shall  be  acquired  in  the 
manner  provided  by  law  for  the  condemnation  and  taking  of 
private  property  in  the  State  of  New  Mexico  for  railroad,  tele- 
graph, telephone  and  other  public  uses  and  purposes.  The 
engineers,  and  surveyors,  of  the  United  States,  the  State,  and 
of  any  person,  firm  or  corporation  shall  have  the  right  to  enter 
upon  the  lands  and  waters  of  the  State  and  of  private  persons 
and  of  private  and  public  corporations,  for  the  purpose  of  mak- 
ing hydrographic  surveys  and  .examinations  and  surveys  nec- 
essary for  selecting  and  locating  suitable  sites  and  routes  for 
reservoirs,  canals,  pipe  lines,  and  other  water  works,  subject 
to  responsibility  for  any  damage  done  to  such  property,  in 
making  such  surveys. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §3. 

Cited  in  City  of  Albuquerque  v.  Garcia  et  al.,  17  N  .M.  445;  130  Pac.  118. 

The  terms  of  this  section  and  section  5719  are  broad  and  include  every 
person  having  a  water  right  and  the  right  of  condemnation  given  is  not 
limited  to  those  whose  rights  are  acquired  or  regulated  by  the  act  of  which 
they  are  a  part.  The  right  of  eminent  domain  under  these  sections  extends 
to  community  ditches  constructed  prior  to  the  passage  of  this  act. 

Pueblo  of  Isleta  v.  Tondre,  137  Pac.  86 


Sec.  4.  (As  amended  by  L.  1919,  Chap.  46.) 

"There  shall  be  a  state  engineer  who  shall  be  a 
technically  qualified  and  experienced  hydraulic  engineer,  and 
who  shall  be  appointed  by  the  governor  and  such  appointment 
confirmed  by  the  senate.  He  shall  hold  office  for  the  term  of 
two  years  from  and  after  his  appointment,  or  until  his  successor 
shall  have  been  appointed,  and  shall  have  qualified.  He  shall  be 
subject  to  removal  only  for  cause.  He  shall  have  general  super- 
vision of  the  water  of  the  state  and  of  the  measurement,  ap- 
propriation, and  distribution  thereof,  and  such  other  duties  as 
are  required  by  this  article.  He  shall  receive  a  salary  of  three 
thousand  dollars  per  annum  and  actual  necessary  traveling  ex- 
penses while  away  from  his  office  in  the  discharge  of  official 
duties.  The  office  of  the  state  engineer  shall  be  located  at  the 
seat  of  government.  ,He  shall  not  engage  in  any  private  prac- 

5  

I 


tice  except  as  consulting  engineer;  Provided,  however,  that 
he  may  establish  a  schedule  of  fees  for  drawing  plans,  prepar- 
ing specifications  and  giving  expert  advice  and  other  services 
as  consulting  engineer,  and  charge  such  fees  for  services,  mak- 
ing a  report  to  the  state  auditor  of  all  fees  and  compensation 
paid  to  him  for  such  services;  Provided,  further,  that  when 
the  total  amount  collected  for  such  services  as  consulting  en- 
gineer as  hereinbefore  defined  shall  have  amounted  to  the  sum 
of  two  thousand  dollars,  that  any  fees  collected  thereafter, 
during  any  one  year,  shall  be  turned  into  the  treasury  of  the 
State. 

Sec.  2.  All  Acts  or  parts  of  acts  in  conflict  herewith  are 
hereby  repealed. 

Sec.  5.  (Sec.  5658, 1915  Code.)  The  state  engineer  may  employ 
assistants  and  purchase  materials  and  supplies  for  the  proper 
conduct  and  maintenance  of  his  office  and  department,  in 
pursuance  of  appropriations  as  made  from  time  to  \,ime  for 
such  purposes.  The  salaries  and  expenses  of  the  office  of  the 
state  engineer  shall  be  paid  at  the  'same  time  and  in  the  same 
manner  as  those  of  otheT  officers  of  the  state. 

Act   of  Mar.   19.   '07:   L.    '07,  C.   49,    §5. 
20  N.  M.  579;  151  Pac.  233. 

Sec.  6.  (Sec.  5659,  1915  Code.)  Before  entering  upon  the 
duties  o£  his  office  the  state  engineer  shall  take  the  oath  as 
prescribed  by  law  for  state  officials.  He  shall  file  with  the 
secretary  of  the  state,  a  bond,  in  the  penal  sum  of  ten  thoussand 
($10,000)  dollars,  to  be  approved  by  the  attorney  general,  and 
conditioned  upon  the  faithful  discharge  of  his  duties,  and  for 
delivery  to  his  successor  of  all  property  belonging  to  the  public 
then  in  his  possession  or  control. 

Act   of  Mar.    19,    '07;    L.    '07,    C.    49,    §6. 
For  oath  see  Constitution,   Art.   XX,    §1. 

Sec.  7.  (Sec.  5660,  1915  Code.)  All  claims  for  services  ren- 
dered, expenses  incurred,  or  materials  or  supplies  furnished 
under  the  direction  of  the  state  engineer  and  which  are  pay- 
able from  the  funds  appropriated  for  the  prosecution  of  the 
work  under  his  direction  and  supervision  shall  be  approved 
by  the  state  engineer  and  properly  vouchered  and  filed  in  the 
office  of  the  state  auditor,  who  shall,  if  he  finds  the  same 
to  have  been  inc'urred  in  accordance  with  law,  audit  and 
allow  such  claims  and  issue  his  warrant  on  the  treasurer  in 
payment  thereof. 

Act  of  Mar.   19,   '07;  L.   '07,   C     49,   §7. 
20  N.  M.  579;  151  Pac.  233. 

Sec.  8.  (Sec.  5661,  1915  Code.)  The  state  engineer  shall  pre- 
pare and  deliver  to  the  govenor,  on  or  before  November  30th 
of  the  year  preceding  the  regular  session  of  the  legislature, 
and  at  other  times  when  required  by  the  governor,  a  full  re- 


port  of  the  work  of  his  office  including  a  detailed  statement 
of  the  expenditures  thereof  to  and  including  October  31st, 
with  such  recommendations  for  legislation  and  appropriation 
as  he  deems  advisable. 

Act  of  Mar.  19,  '07;  L.   "07,  C.   49,   §8. 

Sec.  9.  (Sec.  5662,  1915  Code.)  The  state  engineer  shall  re- 
ceive the  following  fees,  to  be  paid  by  him  into  the  hydro- 
graphic  survey  fund  of  the  state  treasurer  provided  for  in  this 
article  upon  the  last  day  of  March,  June,  September  and 
December  of  each  year. 

Fees  for  Application  for  Permit  to  Appropriate  Water. 

(a)  For  filing  and  examining  an  application  for  permit  to 
appropriate  water  where  the  project  is  chiefly  for  diversion 
and  direct  use  of  the  water,  ten  dollars  if  the  amount  claimed 
does  no  exceed  five  cubic  feet  per  second  and  one  dollar  for 
each  cubic  foot  of  water  per  second  in  excess  of  five.  For  filing 
and  examining  an  application  for  permit  to  appropriate  water 
where  the  project  is  chiefly  for  storage  of  flood  waters,  ten 
dollars  for  each  one  thousand  acre  feet  or  fraction  thereof  of 
storage  capacity,  such  fees  to  include  the  filing  and  examina- 
tion of  maps,  field  notes,  proofs  of  publication  and  all  other 
papers  relating  to  the  application  up  to  the  recording  of  the 
permit  to  appropriate  water. 

Fees  for  Application  for  Water  for  Power  Only. 

(b)  For  filing  and  examining  an  application  for  permit  to 
appropriate  water  for  power  purposes  only,  when  the  water  is 
returned  to  the  river  bed  undiminished  in  quantity  and  made 
available  for  irrigation  purposes,  ten  dollars  if  the  quantity 
does  not  exceed  five  cubic  feet  of  water  per  second  of  time, 
and  an  additional  charge  of  twenty-five  cents  for  each  cubic 
foot  of  water  per  second  of  time  in  excess  of  five. 

Fee  for  Recording,  Permit,  Certificate  of  Construction,  License 
to  Appropriate,  and  Miscellaneous  Papers. 

(c)  For  recording  and  issuing  any  permit,  certificate  of 
construction  or  license  to  appropriate,  five  dollars.    For  issuing 
any  miscellaneous,  water  right  instrument  or  copy  of  any  doc- 
ument recorded  in  his  office,  one  dollar  for  the  first  one  hun- 
dred words  or  fraction  thereof,  and  fifteen  cents  for  each  ad- 
ditional one  hundred  words  or  fraction  thereof. 

Fee  for  Miscellaneous  Filings. 

(d)  For  filing  any  other  paper  necessarily  forming  a  part 
of  the  permanent  record  of  the  water  right  application,  per- 
mit or  license  one  dollar. 


Fee  for  Examination  of  Plans  and  Specifications. 

(e)  For  examinating  in  connection  with  any  water  rights 
application  the  plans  and  specifications  for  dam,  one  dollar 
for  each  one  thousand  dollars  or  fraction  thereof  of  the  esti- 
mated cost  of  such  dam.    For  a  canal  or  other  water  conduit 
ten  dollars  where  the  capacity  does  not  exceed  fifty  cubic  feet 
of  water  per  second  and  ten  dollars  for  each  additional  fifty 
cubic  feet  or  fraction  thereof  per  second  of  time. 

Pees  for  Blue  Prints  and  Permit  to  Extend  Time. 

(f )  For  a  blue  print  copy  of  any  map  accompanying  an  ap- 
plication for  a  permit  to  appropriate  water,  two  dollars  for 
each  sheet  thereof. 

(g)  For  the  issuing  of  a  permit  for  an  extension  of  time,  ten 
dollars. 

Fees  for  Inspecting  Dam  Sites,  Rating-  Ditches  and  Other  Work. 

(h)  For  inspecting  dam  sites,  or  construction  work  as  re- 
quired by  law,  ten  dollars  per  day  and  actual  and  necessary 
traveling  expenses.  Fees  for  any'  inspection  deemed  neces- 
sary by  the  state  engineer  and  not  paid  on  demand  shall  be 
a  lien  on  any  land  or  other  property  of  the  owner  of  the  works 
and  may  be  recovered  by  the  state  engineer  in  any  court  of 
competent  jurisdiction. 

(i)  For  rating  ditches,  ten  dollars  per  day  and  actual  and 
necessary  traveling  expenses. 

(j)  For  such  other  work  as  may  be  required  of  his  office 
such  reasonable  fees  as  the  character  and  extent  of  the  work 
shall  justify. 

Fees — When  Payable,  Disposition,  Refund. 

The  filing  fees  provided  for  in  this  section  shall  be  deposited 
with  the  state  engineer  at  the  time  of  filing  the  application  and 
upon  the  approval  of  such  application  the  fees  shall  be  paid 
into  the  state  treasury  by  the  state  engineer  for  the  credit  of 
the  hydro  graphic  survey  fund.  In  the  event  that  the  applica- 
tion is  rejected  the  fees  so  deposited  less  the  sum  of  five 
dollars  shall  be  returned  to  applicant.  If  the  application  be 
approved  for  a  portion  of  the  amount  of  water  claimed  the 
state  engineer  shall  retain  the  proper  amount  of  fees  based 
upon  the  amount  of  water  for  which  permit  is  granted  and 
return  the  balance  to  applicant. 

Act  of  Mar.  15,  '03;  L.  '13,  C.  62,   §1. 

Sec.  10.  (Sec.  5663,  1915  Code.)  The  records  of  the  office 
of  the  state  engineer  are  public  records,  shall  remain  on  file  in 
his  office,  and  shall  be  open  to  the  inspection  of  the  public  at 
all  times  during  business  hours.  Such  records  shall  show  all 
applications  filed,  with  date  of  filing,  and  shall  show  in  full 
all  permits,  certificates  of  completion  of  construction,  and  li- 


censes  issued,  together  with  all  action  thereon,  and  all  action  or 
decisions  of  the  state  engineer  affecting  any  rights  or  claims  to 
appropriate  water.  Certified  copies  of  any  record  or  papers  on 
file  in  the  office  of  the  state  engineer  shall  be  evidence  qually 
with  the  originals  thereof;  and  when  introduced  as  evidence 
shall  be  held  as  of  the  same  validity  as  the  originals. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §10. 

Sec.  11.  (Sec.  5664,  1915  Code.)  The  state  engineer,  subject 
to  the  approval  of  the  board  of  water  commissioners,  shall 
make  all  necessary  rules  and  regulations  to  carry  into  effect 
the  duties  devolved  upon  his  office. 

Act  of  Mar    19,  '07;  L.  '07,  C.  49,   §11. 

Sec.  12.  (Sec.  5665,  1915  Code.)  The  state  engineer  shall 
have  the  supervision  of  the  apportionment  of  water  in  this 
state  according  to  the  licenses  issued  by  him  and  his  perdeces- 
sors  and  the  adjudication  of  the  courts. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §12. 

This  section  cannot  be  held  to  relate  to  waters  held  in  private  owner- 
ship or  by  prior  appropriation,  but  must  be  held  to  relate  to  public  and 
unappropriated  waters  Within  the  territory,  and  has  no  application  to 
seepage  water  on  lands  of  a  proprietor  from  an  unknown  source. 

Vanderwork  v.  Hewes,  15  N.  M.  439,  110  Pac.  567. 

This  section  seems  to  limit  the  jurisdiction  of  the  Engineer  to  such 
water  rights  as  have  been  acquired  under  licenses  issued  by  him  or  his 
predecessors.  When  adjudication  has  been  had,  and  a  water  master  ap- 
pointed, then,  and  not  before,  the  State  Engineer  acquires  jurisdiction  to 
regulate  the  distribution  of  water  to  the  various  ditches  and  systems,  both 
old  and  new,  in  the  district. 

Pueblo  of  Isleta  v.  Tondre,  137  Pac.   8C 

Cited  in  Turley  v.  Furman,  61  N.  M.  253,  114  Pac    278. 

Sec.  13.  (As  amended  by  L.  1919,  chp.  131,  §2  and  8.)  Sec  2. 
That  Section  5666  of  the  New  Mexico  Statutes  Annotated, 
Codification  1915,  be' and  the  same  is  hereby  amended  to  read 
as  follows:  The  state  engineer  shall,  from  time  to  time,  as 
may  be  necessary  for  the  economical  and  satisfactory  appor- 
tionment of  water,  divide  the  state  in  conformity  with  the 
drainage  areas  into  water  districts  to  be  designated 
by  names,  and  to  comprise  as  far  as  possible  one  or 
more  distinct  stream  systems  in  each  district  Districts 
may  be  changed  from  time  to  time  as  may,  in  his  opinion,  be 
necessary  for  the  economical  and  satisfactory  apportionment 
of  water.  Provided,  that  the  state  engineer  may,  when  in  his 
opinion  it  shall  be  for  the  best  interests  of  the  state  and  the 
owners  of  water  rights  upon  any  stream  system  within  the 
state  of  New  Mexico,  divide  said  stream  system  into  sub- 
districts,  each  of  which  said  sub-districts  shall  be  designated 
by  a  distinct  name.  '  That  is  is  necessary  for  the  preservation  of 
the  public  peace  and  safety  of  the  inhabitants  of  the  State  of 
New  Mexico,  that  the  provisions  of  this  act  should  become 
effective  at  the  earliest  possible  time,  an  emergency  is  hereby 
declared  to  exist  and  this  act  shall  take  effect  and  be  in  full 
force  and  effect  from  and  after  its  passage  and  approval. 


Sec.  14.  (Sec.  5667,  1915  Code.)  The  state  engineer  shall 
upon  the  written  application  of  a  majority  of  the  water  users 
of  any  district  in  this  state,  appoint  a  water  master  for  such 
district  in  the  state,  who  may,  for  cause,  be  removed  by  the 
state  engineer,  and  shall  be  removed  upon  a  petition  of  a  ma- 
jority of  the  water  users  of  said  district.  \The  water  master 
shall  have  immediate  cuarge  of  the  apportionment  of  waters  in 
his  district  under  the  general  supervision  of  the  state  engineer, 
and  he  shall  so  appropriate,  regulate  and  control  the  waters 
of  the  district  as  will  prevent  waste.  The  state  engineer  may, 
if  in  his  opinion  the  public  safety  or  interests  of  water  users 
in  any  district  in  the  state  require  it,  appoint  such  water  mas- 
ter for  temporary  or  permanent  service  in  such  district,  in  the 
absence  of  the  application  above  provided  for  in  this  article. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §14. 

For  limitation  upon  appointment  of  water  master  see  Sec.   5716. 

Sec.  15.  (Sec.  5668,  1915  Code.)  Any  person  may  appeal 
from  the  acts  or  decisions  of  the  water  master,  to  the  state 
engineer,  who  shall  promptly  and,  at' a  stated  time  and  place, 
to  be  fixed  by  him,  upon  due  notice  to  the  parties,  hear  and 
determine  the  matter  in  dispute,  and  his  decision  shall  be 
final,  unless  an  appeal  is  taken  to  the  board  of  water  commis- 
sioners as  provided  in  this  article. 

Act  of  Mar.  19,  '07;  L    '07,  C.  49,  §15. 

Sec.  16.  5669,  1915  Code.)  The  water  master  shall  be  al- 
lowed pay  at  a  rate  fixed  by  the  state  engineer,  not  exceeding 
four  dollars  per  day  and  actual  and  necessary  expenses  in 
the  performance  of  his  duties.  He  may  employ  assistants  in 
case  of  emergency,  upon  the  specific  authority  of  and  at  rates 
of  pay  as  authorized  by  the  state  engineer,  such  employment 
to  continue'  only  during  the  existence  of  the  emergency.  The 
water  master  and  the  assistants  employed  by  him  shall  be  paid 
by  the  county,  upon  accounts  approved  by  the  state  engineer. 
If  the  district  is  in  more  than  one  county,  each  county  shall 
pay  its  proportionate  part  of  each  account  rendered.  The  ac- 
counts of  the  water  master  shall  in  all  cases  specify  the  distri- 
bution of  the  amounts  charged  based  upon  the  quantity  of 
water  received  by  each  water  user  by  each  ditch  owner  in  pro- 
portion to  the  tdtal  quantities  delivered  to  all  and  shall  show 
the  charges  to  be  allotted  to  each  water  user  and  ditch  owner. 
The  amounts  paid  by  the  counties  shall  be  a  lien  upon  the 
property  of  the  water  users  and  ditch  owners,  in  accordance 
with  the  distribution  thereof,  as  shown  by  the  accounts  of  the 
water  master,  and  shall  be  collected  in  the  manner  provided 
by  law  for  the  collection  of  taxes. 

Act  of  Mar.  19,  '07;  L.   '07,  C.  49,   §16. 

Sec.  17.     Sec.  5670,  1915  Code.)     Each  water  master  shall 

-  10  — 


report  to  the  state  engineer  as  often  as  may  be  deemed  neces- 
sary by  the  engineer  as  to  the  amount  of  water  needed  to  stap- 
ply  the  requirements  of  his  districts  the  amount  available,  the 
works  which  are  without  their  proper  supply,  the  supply  re- 
quired during  the  period  preceding  his  next  regular  report, 
and  such  other  information  as  the  engineer  may  require.  These 
reports  shall,  at  the  end  of  each  irrigation  season,  be  filed  in 
the  office  of  the  state  engineer.  The  state  engineer  shall  give 
directions  for  correcting  any  errors  of  apportionments  that 
may  be  shown  by  such  reports. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §17. 

Sec,  18.  (Sec.  5671,  1915  Code.)  The  state  engineer  shall 
make  hydro  graphic  surveys  and  investigation  of  each  stream 
system  and  source  of  water  supply  in  the  state,  beginning  with 
those  most  used  for  irrigation,  and  obtaining  and  recording  all 
available  data  for  the  determination,  development  and  adjudi- 
cation of  water  supply  of  the  state ;  including  the  location  and 
survey  of  suitable  sites  for  dams  and  reservoirs  and  the  deter- 
mination of  the  approximate  water  supply,  capacity  and  cost 
of  each.  He  shall  be  authorized  to  co-operate  with  the  agen- 
cies of  the  United  States  engaged  in  similar  surveys  and  in- 
vestigations, and  in  the  construction  of  works  for  the  devel- 
opment and  use  of  the  water  supply  of  the  state,  expending 
for  such  purposes  any  money  available  for  the  work  of  his  of- 
fice, and  may  accept  and  use  in  connection  wkh  the  operations 
of  his  department  the  results  of  the  agencies  of  the  United 
States. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,   §19. 

This  and  the  following  section  speak  to  the  future  and  have  no  appli- 
cation to  water  rights  acquired  prior  to  the  passage  of  the  act 
Pueblo  of  Isleta  v.  Tondre,  137  Pac.  86. 

Sec.  19.  Sec.  5672,  1915  Code.)  Whenever  requested  so  to 
do  by  any  of  the  boards  of  commissioners  of  any  of  the  counties 
of  the  state,  it  is  hereby  made  the  duty  of  the  state  engineer, 
either  himself,  or  by  an  authorized  assistant  engineer,  to  co- 
operate with  the  said  county  commissioners,  in  the  engineering 
work  required  to  lay  out,  establish  and  construct  any  drain 
to  be  used  by  any  county  or  counties  or  portions  of  the  same, 
for  the  purpose  of  diverting  flood  waters,  lakes,  water  courses, 
and  in  general  to  aid  and  assist  the  counties  of  this  state  or 
their  authorized  officers  in  making  preliminary  surveys  and 
establishing  systems  of  drainage,  or  any  other  engineering 
work ;  and  whenever  the  board  of  county  commissioners  of  any 
such  county  shall  by  order  determine  to  lay  out,  establish  and 
construct  any  drain  to  be  used  by  any  county  or  counties,  or 
portions  of  the  same,  for  the  purpose  of  diverting  flood  waters, 
lakes  or  water  courses,  or  to  establish  systems  of  drainage, 
which  shall  require  that  private  property  be  taken  or  damaged, 

—  11  — 


the  county  may  exercise  the  right  of  eminent  domain  to  take 
and  acquire  real  or  personal  property,  right-of-way,  and  privi- 
lege within  or  without  its  corporate  limits,  necessary  for  its 
corporate  purposes,  in  the  manner  provided  by  law  for  the  con- 
demnation and  taking  of  private  property  in  the  state  of  New 
Mexico  for  railroad,  telegraph,  telephone  and  other  public  Uses 
and  purposes.  The  engineers  and  surveyors  of  the  state  and  of 
the  county  shall  have  the  right  to  enter  upon  the  lands  of  pri- 
vate persons  and  of  private  and  public  corporations  for  the 
purpose  of  making  hydrographic  surveys  and  examinations  and 
surveys  necessary  for  selecting  and  locating  suitable  sites  and 
routes  for  any  drain  or  drainage  system,  subject  to  responsibi- 
lity for  any  damage  done  to  such  property  in  making  such  sur- 
veys and  examinations. 

Act  of  Mar.  18,  '09;  L.  '09,  C.  129,   §1. 

For  provisions  covering-  drainage  districts  see  Sec.  1877  et  seq.  and  for 
drainage  of  unincorporated  towns  see  Sec.  1959  et  seq. 

Sec.  20.  (Sec.  5673,  1915  Code.)  Upon  the  completion  of 
the  hydragraphic  survey  of  any  stream  system,  the  state 
engineer  shall  deliver  a  copy  of  so  much  thereof  as  may  be 
necessary  for  the  determination  of  all  rights  to  the  use  of  the 
waters  of  such  system  together  with  all  other  data  in  his  pos- 
session necessary  for  such  determination,  to  the  attorney  gen- 
eral of  the  state,  who  shall,  at  the  request  of  the  state  engineer, 
enter  suit  on  behalf  of  the  state  for  the  determination  of  all 
rights  to  the  use  of  such  water,  in  order  that  the  amount  of 
unappropriated  water  subject  to  disposition  by  the  state  under 
the  terms  of  this  chapter  may  become  known,  and  shall  dili- 
gently prosecute  the  same  to  a  final  adjudication:  Provided, 
That  if  suit  for  the  adjudication  of  such  rights  shall  have  been 
begun  by  private  parties,  the  attorney  general  shall  not  be 
required  to  bring  suit:  Provided,  however,  That  the  attorney 
general  shall  intervene  in  any  suit  for  the  adjudication  of 
rights  to  the  use  of  water,  on  behalf  of  the  state  if  notified  by 
the  state  engineer  that  in  his  opinion  the  public  interest  re- 
quires such  action. 

Act  of  Mar.  19,  '07;  L.  '07,  C    49,   §20. 

See  note1  to  Sec.   5671. 

Cited  in  Snow  v.  Abalos  et  al.,   140  Pac.   1044. 

Sec.  21.  (L.  1919,  Ch.  124.)  All  reports  of  hydrographic 
surveys  of  the  waters  of  any  stream  system,  or  parts  thereof, 
and  other  surveys  heretofore  or  hereafter  made  by  the  state 
engineer,  or  under  his  authority,  or  by  any  engineer  of  the 
United  States,  or  any  other  engineer,  in  the  opinion  of  the 
state  engineer  qualified  to  make  the  same,  may,  when  made 
in  writing  and  signed  by  the  party  making  the  same,  be  filed 
in  the  office  of  such  state  engineer,  and  the  originals  or  certi- 
fied copies  thereof,  made  by  such  state  engineer,  shall  be  re- 
ceived and  considered  in  evidence  in  the  trial  of  all  causes 

-  12  — 


involving  the  data  shown  in  such  survey,  the  same  as  though 
testified  to  by  the  person  making  the  same,  subject  to  rebuttal, 
the  same  as  in  ordinary  cases.  All  acts  and  parts  of  acts  in 
conflict  herewith  are  hereby  repealed.  That  it  is  ncessary 
for  the  preservation  of  the  public  peace  and  safety  of  the  in- 
habitants of  the  State  of  New  Mexico  and  the  provisions  of 
this  act  shall  become  effective  at  the  earliest  possible  time,  and 
therefore  an  emergency  is  hereby  declared  to  exist,  and  this 
act  shall  take  effect  and  be  in  full  force  and  effect  from  and 
after  its  passage  and  approval. 

Sec.  22.  (As  amended  by  L.  1919,  Ch.  131,  §3  and  8.)  Sec.  3. 
That  Section  5674  of  the  New  Mexico  Statutes  Annotated  Codi- 
fication of  1915,  as  amended  by  Section  1,  Chapter  31,  Session 
Laws  1917,  be  and  the  same  is  hereby  amended  to  read  as 
follows:  In  any  suit  for  the  determination  of  a  right  to 
use  the  waters  of  any  stream  system,  all  those  whose  claim  to 
the  use  of  such  waters  are  of  record  and  all  other  claimants, 
so  far  as  they  can  be  ascertained,  with  reasonable  diligence, 
shall  be  made  parties.  When  any  such  suit  has  been  filed 
the  court  shall,  by  its  order  duly  entered,  direct  the  state  engi- 
neer to  make  or  furnish  a  complete  hydrographic  survey  of 
such  stream  system  as  hereinbefore  provided  in  this  article,  in 
order  to  obtain  all  data  necessary  to  the  determination  of  the 
rights  involved.  The  costs  of  such  suit  shall  include  the  fees 
of  witnesses,  the  taking  of  depositions  and  the  fees  of  the  offi- 
cers for  serving  process  and  together  with  the  costs  and  the  ex- 
penses of  the  hydrographic  survey  or  surveys  on  behalf  of  the 
state,  shall  be  charged  against  each  of  the  private  parties 
thereto  in  proportion  to  the  amount  of  water  right  allotted. 
The  costs  and  expenses  of  the  hydrographic  survey  or  surveys 
on  behalf  of  the  state  shall  be  a  lien  upon  the  lands  and  water 
rights  of  the  parties  to  such  adjudication  suit,  in  proportion  to 
the  amount  of  water  right  allotted  to  each  of  the  parties  to 
such  adjudication  suit,  with  interest  thereon  at  the  rate  of  six 
per  cent  per  annum  until  the  same  shall  be  paid  as  herein- 
after, in  Section  5  of  this  act,  provided.  The  court  in  which 
any  suit  involving  the  adjudication  of  water  rights  may  be 
properly  brought  shall  have  exclusive  jurisdiction  to  hear 
and  determine  all  questions  necessary  for  the  adjudication 
of  all  water  rights  within  the  stream  system  involved;  and 
may  submit  any  question  of  fact  arising  therein  to  a  jury 
or  to  one  or  more  referees,  at  its  discretion;  and  the  attorney 
general  may  bring  suit  as  provided  in  Section  5673  in  any 
court  having  jurisdiction  over  any  part  of  the  stream  sys- 
tem, which  shall  likewise  have  exclusive  jurisdiction  for  such 
purposes,  and  all  unknown  persons  who  may  claim  any 
interest  or  right  to  the  use  of  the  waters  of  any  such,  system, 
and  the  unknown  heirs  of  any  deceased  person  who  made  claim 
of  any  right  or  interest  to  the  waters  of  such  stream  system 

—  13  — 


in  his  life  time,  may  be  made  parties  in  such  suit  by  their 
names  as  near  as  the  same  can  be  ascertained,  such  unknown 
heirs  by  the  style  of  unknown  heirs  of  such  deceased  person 
and  said  unknown  persons  by  the  name  and  style  of 
unknown  claimants  of  interest  to  water  in  such  stream 
system,  and  service  of  process  on,  and  notice  of  such 
suit,  against  such  parties  may  be  made  as  in  other  cases 
by  publication.  That  it  is  necessaary  for  the  preservation  of  the 
public  peace  and  safety  of  the  inhabitants  of  the  State  of  New 
Mexico,  that  the  provisions  of  this  act  should  become  effective 
at  the  earliest  possible  time,  an  emergency  is  hereby  declared 
to  exist  and  this  act  shall  take  effect  and  be  in  full  force  and 
effect  from  and  after  its  passage  and  approval. 

Sec.  23.  (L.  1919,  Ch.  131,  §  1  and  8 ;  1915  Code,  §5675  and 
5676.)  The  auditor  and  treasurer  of  the  State  of  New  Mex- 
ico are  hereby  authorized  and  directed  to  transfer  the  sum  of 
$25,000  from  the  "Water  Reservoir  Income  Fund"  to  the 
"Hydrographic  Survey  Fund."  That  it  is  necessary  for  the  pre- 
servation of  the  public  peace  and  safety  of  the  inhabitants  of 
the  State  of  New  Mexico,  that  the  provisions  of  this  act  should* 
become  effective  at  the  earliest  possible  time,  an  emergency  is 
hereby  declared  to  exist  and  this  act  shall  take  effect  and  be 
in  full  force  and  effect  from  and  after  its  passage  and  ap- 
proval. The  sum  of  fifteen  thousand  dollars,  appropri- 
ated March  17,  1913,  out  of  monies  in  the  treasury  to  the 
credit  of  the  "Water  Reservoirs  for  Irrigation  Purposes  In- 
come Fund"  for  making  hydro  graphic  surveys  or  so  much 
thereof  as  may  have  been  used  shall  be  repaid  into  the  State 
Treasury  for  credit  of  said  "Water  Reservoirs  for  Irrigation 
Purposes  Income  Fund,"  on  or  before  the  31st  day  of  October, 
1917,  out  of  any  monies  coming  into  the  Hydrographic  Survey 
Fund  under  the  provisions  of  section  5674.  The  "Hydrographic 
Survey  Fund"  shall  be  used  only  for  the  payment  of  the  ex- 
penses of  the  surveys  provided  for  in  section  5674,  and  all 
claims  for  services  rendered,  expenses  incurred  or  materials  or 
supplies  furnished  under  the  direction  of  the  state  engineer  in 
the  prosecution  of  said  work  shall  be  approved  by  the  state 
engineer  and  properly  vouchered  and  filed  in  the  office  of  the 
state  auditor,  who  shall,  if  he  finds  the  same  to  have  been  in- 
curred in  accordance  with  law,  audit  and  allow  such  claims 
and  issue  his  warrants  against  the  Hydrographic  Survey  Fund 
on  the  state  treasurer  in  payment  thereof. 

Act  of  Mar.  19,   '07;  L.   '07,  C.   49,   §22. 
Act  of  Mar.   17,   '13;  L.  '13,  C.   80,   |l. 

Sec.  24.  (L.  1919,  Ch.  131,  §4  and  8.)  The  state  engineer  is 
hereby  authorized  and  empowered  to  cooperate  with  the  Fed- 
eral Reclamation  Service  or  any  other  Federal  agency,  in  the 
making  of  hydro  graphic  surveys  upon  any  stream  system  which 
includes  a  Federal  irrigation  or  drainage  project.  That  it  is 

14  ___ 


necessary  for  the  preservation  of  the  public  peace  and  safety 
of  the  inhabitants  of  the  State  of  New  Mexico,  that  the  pro- 
visions of  this  act  should  become  effective  at  the  earliest  possi- 
ble time,  an  emergency  is  hereby  declared  to  exist  and  this 
act  shall  take  effect  and  be  in  full  force  and  effect  from  and 
after  its  passage  and  approval. 

Sec.  25.  (L.  1919,  Ch.  131,  §5,  6  and  8.)  The  cost  and  ex- 
penses of  the  hydrographic  survey  or  surveys  on  behalf  of  the 
state  so  taxed  as  costs  in  any  such  water  adjudication  suit, 
shall  be  paid  to  the  county  clerk  of  the  county  in  which  the 
suit  for  the  adjudication  of  water  shall  be  filed,  and  shall  be 
by  said  county  clerk  forthwith  transmitted  to  the  state  treas- 
urer, to  be  by  him  covered  into  the  "Hydrographic  Survey 
Fund."  The  sum  of  $5,000  out  of  the  "Hydrographic  Survey 
Fund"  shall  be  set  aside  by  the  state  engineer  for  the  purpose 
of  making  a  hydrographic  survey  and  such  other  necessary 
investigation  or  investigations  by  himself  and  his  assistants, 
either  within  or  without  the  State  of  New  Mexico,  of  the  La 
Plata  river  stream  system  and  water  shed,  under  the  direction 
of  the  attorney  general  of  the  State  of  New  Mexico,  or  of 
any  special  counsel  appointed  or  employed  pursuant  to  any 
act  of  the  Legislature  of  the  State  of  New  Mexico,  relative 
to  the  adjudication  of  water  rights  upon  said  La  Plata  river 
stream  system  or  water  shed,  between  residents  of  the  State 
of  New  Mexico  and  residents  of  the  State  of  Colorado.  That 
it  is  necessary  for  the  preservation  of  the  public  peace  and 
safety  of  the  inhabitants  of  the  State  of  New  Mexico,  that 
the  provisions  of  this  act  should  become  effective  at  the  earli- 
est possible  time,  an  emergency  is  hereby  declared  to  exist 
and  this  act  shall  take  effect  and  be  in  full  force  and  effect 
from  and  after  its  passage  and  approval. 

Sec.  26.  (Sec.  5677,  1915  Code.)  Upon  the  adjudication  of 
the  rights  to  the  use  of  the  waters  of  a  stream  system,  a  certi- 
fied copy  of  the  decree  shall  be  prepared  and  filed  in  the  of- 
fice of  the  state  engineer  by  the  clerk  of  the  court,  at  the  cost 
of  the  parties.  Such  decree  shall  in  every  case  declare,  as  to 
the  water  right  adjudged  to  each  party,  the  priority,  amount, 
purpose,  periods  and  place  of  use,  and  as  to  water  used  for 
irrigation,  except  as  otherwise  provided  in  this  article,  the  spe- 
cific tracts  of  land  to  which  it  shall  be  appurtenant,  together 
with  such  other  conditions  as  may  be  necessaary  to  define  the 
right  and  its  priority. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,   §23. 

Application  for  Water  for  Beneficial  Use ;  Additional  Informa- 
tion; Field  Notes,  Maps,  etc.;  Excess  Water,  Sale,  Time 
for  Surveys,  etc.;  Priority  of  Application. 

Sec.  27.     (Sec.  5678,  1915  Code.)    Any  person,  association  or 

—  15  — 


corporation,  public  or  private,  hereafter  intending  to  acquire 
the  right  to  the  beneficial  use  of  any  waters,  shall,  before  com- 
mencing any  construction  for  such  purposes,  make  an  applica- 
tion to  the  state  engineer  for  a  permit  to  appropriate,  in  the 
form  required  by  the  rules  and  regulations  established  by  him. 
Such  rules  and  regulations  shall,  in  addition  to  providing  the 
form  and  manner  of  preparing  and  presenting  the  application, 
require  the  applicant  to  state  the  amount  of  water  and  period 
or  periods  of  annual  use,  and  all  other  data  necessary  for  the 
proper  description  and  limitation  of  the  right  applied  for,  to- 
gether with  such  information,  maps,  field  notes,  plans  and 
specifications  as  may  be  necessary  to  show  the  method  and 
practicability  of  the  construction  and  the  ability  of  the  ap- 
plicant to  complete  the  same.  All  such  maps,  field  notes,  plans 
and  specifications  shall  be  made  from  actual  surveys  and  meas- 
urements and  shall  be  duly  filed  in  the  office  of  the  state  engi- 
neer after  the  approval  of  the  application.  The  state  engineer 
may  require  additional  information  not  provided  for  in  the 
general  rules  and  regulations,  in  any  case  involving  the  diver- 
sion of  five  hundred  cubic  feet  of  water  per  second,  or  more, 
or  in  the  construction  of  a  dam  more  than  thirty  feet  high  from 
the  foundation.  The  owners  proposing  to  store  or  carry  water 
in  excess  of  their  needs  for  beneficial  use,  may  make  applica- 
tion for  such  excess,  and  shall  be  held  as  trustees  of  such  right 
for  the  parties,  applying  the  water  to  a  beneficial  luse;  and 
shall  be  required  to  sell  water  rights  for  a  reasonable  price  and 
to  furnish  the  water,  for  such  parties  at  reasonable  rates  for 
storage,  or  carriage,  or  both,  as  the  case  may  be ;  Provided, 
that  upon  the  filing  in  the  office  of  the  state  engineer  of  a  no- 
tice of  intention  to  make  formal  application  for  a  permit  to  ap- 
propriate certain  public  waters  the  state  engineer  may  allow 
a  reasonable  time,  to  be  specified  by  him  and  notetl  upon  his 
records,  for  making  the  surveys,  measurements,  maps,  plans 
and  specifications  hereinbefore  provided  and  required  for  a 
formal  application,  and  if  applicant  shall  file  such  formal  ap- 
plication and  map,  plans  and  specifications  and  other  necessary 
data  within  the  time  so  specified,  his  priority  of  application 
shall  date  from  the  time  of  filing  such  notice. 

Act  of  Mar.  15,  '13;  L.  '13,  C.  62,  §2. 

What  is  a  reasonable  charge  for  water  depends  largely  on  the  cost  of 
constructing  and  operating  the  irrigation  works. 

Young  et  al    v.  Hinterlider,  15  N.  M.  666;  110  Pac.  1045. 

This  and  section  5680  speak  entirely  of  water  right  to  be  acquired  by 
filing  a  petition  with  the  state  engineer  and  do  not  attempt  to  deal  with 
any  ditches  or  water  rights  acquired  before  the  passage  of  the  act. 

Pueblo  of  Isleta  v.  Tondre.  137  Pac.  86. 

Act  Does  Not  Apply  to  Existing  Community  Ditches. 

Sec.  28.  (Sec.  5679,  1915  Code.)  That  none  of  the  provisions 
of  the  preceding  section  or  section  5662,  shall  apply  to  commu- 
nity ditches  which  are  already  constructed. 

Act  of  Mar.  15,  '13;  L.  '13,  C.  62,  §3. 

—  16  — 


Does  Not  Apply  to  Use  for  Stock. 

Sec.  29.  (Sec.  5730,  1915  Code.)  That  this  act  shall  not  be 
construed  to  apply  to  stockmen,  or  stock  owners  who  may 
build  or  construct  water  tanks  or  wells  for  watering  stock. 

Act  of  Mar.  17,  '09;  L.  '09,  C.  54,  §1. 

Cited  in  Farmers'  Development  Co.  v.  Rayado  L.  &  I.  Co.,  133  Pac.  104. 

Sec.  30.  (Sec.  2,  Chap.  54,  Laws  1909.)  All  acts  and  parts  of 
acts  in  conflict  with  this  act  are  hereby  repealed. 

Sec.  31.  (Sec.  3,  Chap.  54,  Laws  1909.)  This  act  shall  have 
full  force  and  effect  from  and  after  its  passage. 

Sec.  32.  (Sec.  5680,  1915  Code.)  The  date  of  receipt  of 
such  application  in  the  state  engineer's  office  shall  be  endorsed 
thereon  and  noted  in  his  record.  If  the  application  is  defec- 
tive as  to  form  or  unsatisfactory  as  to  feasibility  or  safety  of 
plan,  or  as  to  the  showing  of  ability  of  the  applicant  to  carry 
the  construction  to  completion,  it  shall  be  returned  with  a  state- 
ment of  the  corrections,  amendments  or  changes  required,  with- 
in thirty  days  after  its  receipt,  and  sixty  days  shall  be  allowed 
for  the  refiling  thereof.  If  refiled,  corrected  as  required  with- 
in saich  time,  the  application  shall,  upon  being  accepted,  take 
priority  as  of  date  of  its  original  filing,  subject  to  compliance 
with  the  further  provisions  of  the  law  and  the  regulations 
thereunder.  Any  corrected  application  filed  after  the  time 
allowed  shall  be  treated  in  all  respects  as  an  original  applica- 
tion received  on  the  date  of  its  refiling;  Provided,  That  the 
plans  of  the  construction  may  be  amended,  with  the  approval  of 
the  state  engineer,  at  any  time ;  but  no  such  change  shall  author- 
ize any  extension  of  time  for  construction  beyond  five  years 
from  the  date  of  the  permit,  except  as  provided  in  section 
5693 ;  Provided,  further,  That  a  change  in  the  proposed  point 
of  diversion  of  water  from  a  stream  shall  be  subject  to  the  ap- 
proval of  the  state  engineer,  under  the  provisions  of  section 
5704,  and  shall  not  be  allowed  to  the  detriment  of  the  rights 
of  others  having  valid  claims  to  the  use  of  water  from  said 
stream. 

Act  of  Mar.  19,  '07;  L.   '07,  C.  49,   §25. 

See  Sec.   5771. 

See  note  to  Sec.  5678. 

A  community  acequia  existing-  at  the  time  of  the  passage  of  this  act 
may  change  its  point  of  diversion  without  obtaining  the  approval  of  the 
State  Engineer. 

Pueblo  of  Isleta  vn  Tondre,  137  Pac.  86. 

Cited  in  Turley  v    Furman,  16  N.  M.  253,  114  Pac.  278. 

Sec.  33.  (Sec.  5681,  1915  Code.)  Upon  the  filing  of  an  appli- 
cation which  complies  with  the  provisions  of  this  article  and 
the  rules  and  regulations  established  thereunder,  accompanied 
by  the  proper  fees,  the  state  engineer  shall  instruct  the  appli- 
cant to  publish  notice  thereof,  in  a  form  prescribed  by  him,  in 
some  newspaper  of  general  circulation  in  the  stream  system, 
once  a  week  for  two  consecutive  weeks.  Such  notice  shall  give 

—  17  — 


all  essential  facts  as  to  the  proposed  appropriation;  among 
them,  the  places  of  appropriation  and  of  use,  amount  of  water, 
the  purpose  for  which  it  is  to  be  used,  name  and  address  of 
applicant  and  the  time  when  the  application  shall  be  taken 
up  by  the  state  engineer  for  consideration.  Proof  of  publica- 
tion, as  required,  shall  be  filed  with  the  state  engineer  within 
sixty  days  of  his  instructions  to  make  publication.  In  case  of 
failure  to  file  satisfactory  proof  of  publication  in  accordance 
with  the  rules  and  regulations  applicable  thereto,  within  the 
time  required,  the  application  shall  thereafter  be  treated  as  an 
original  application  filed  on  the  date  of  receipt  of  proofs  of 
publication  in  proper  form. 

Act  of  Mar.  19,  '07;  L.   '07,  C.  49,   §26. 

Sec.  34.  (Sec.  5682,  1915  Code.)  Upon  the  receipt  of  the 
proofs  of  publication,  accompanied  by  the  proper  fees,  the 
state  engineer  shall  determine  from  the  evidence  presented  by 
the  parties  interested,  from  such  surveys  of  the  water  supply 
as  may  be  available  and  from  the  records,  whether  there  is 
unappropriated  water  available  for-  the  benefit  of  the  appli- 
cant. If  so,  he  shall  endorse  his  approval  on  the  application, 
which  shall  thereupon  become  a  permit  to  appropriate  water, 
and  shall  state  in  such  approval  the  time  within  which  the  con- 
struction shall  be  completed,  not  exceeding  five  years  from 
the  date  of  approval,  and  the  time  within  which  the  water 
shall  be  applied  to  a  beneficial  use,  not  exceeding  four  years 
in  addition  thereto :  Provided,  That  the  state  engineer  may,  in 
his  discretion,  approve  any  application  for  a  less  amount  of 
water,  or  may  vary  the  periods  of  annual  use  and  the  permit  to 
appropriate  water  shall  be  regarded  as  limited  accordingly. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,   §27. 

Cited  in  Turley  v.  Furman,  16  N.  M.  262,  114  Pac.  278,  holding  a  proposed 
diversion  of  waters  in  Colorado  for  vise  in  New  Mexico  is  not  within  the 
jurisdiction  of  the  Territorial  Engineer. 

Cited  in  Farmers  Development  Co.  v  Rayado  L.  &  I.  Co.,  18  N.  M., 
138,  133  Pac.  104. 

Sec.  35.  (Sec.  5683,  1915  Code.)  If,  in  the  opinion  of  the 
state  engineer,  there  is  no  unappropriated  water  available,  he 
shall  reject  such  application.  He  shall  decline  to  order  the 
publication  of  notice  of  any  application  which  does  not  comply 
with  the  requirements  of  the  law  and  the  rules  and  regulations 
thereunder.  He  may  also  refuse  to  consider  or  approve  an  ap- 
plication or  to  order  the  publication  of  notice  thereof,  if,  in  his 
opinion,  the  approval  thereof  would  be  contrary  to  the  public 
interest. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §28. 

To  be  contrary  to  public  interest  a  project  need  not  be  a  menace  to 
public  health  or  safety.  A  project  requiring-  water  in  excess  of  the  amount 
unappropriated  in  the  stream  is  contrary  to  public  interest. 

Young  et   al.   v.   Hindelider,    15   N.   M.    666,    1.10   Pac.    1045 

Cited  in  Turley  v.  Furman,  16  N.  M.  262,  114  Pac.  278;  holding  a  pro- 
posed diversion  of  water  in  Colorado  for  use  in  New  Mexico  is  not  within 
the  jurisdiction  of  the  Territorial  Engineer. 

Cited  in  Farmers  Development  Co.  v.  Rayado  L.  &  I.  Co  ,  18  N.  M. 
138,  133  Pac.  104. 

-  18  - 


Sec.  36.  (Sec.  5687,  1915  Code.)  The  construction  of  the 
works  shall  be  diligently  prosecuted  to  completion,  and  if  one- 
fifth  of  the  work  shall  not  be  completed  within  one-half  the 
time  allowed,  as  determined  by  the  state  engineer,  he  may 
accept  and  approve,  an  application  for  the  use  of  all 
or  any  of  the  waters  included  in  the  permit  issued  to 
the  prior  applicant  and  the  right  to  use  such  waters  under 
the  former  permit  shall  thereupon  be  forfeited :  Provided,  That 
the  state  engineer  shall  allow  an  extension  of  time  on  re- 
quest of  the  prior  applicant,  equal  to  the  time  during  which 
work  was  prevented  by  the  operation  of  law  or  other  causes, 
beyond  the  power  of  the  said  applicant  to  control. 

Act  of  Mar.  19,   '07;  L.  '07,  C.  49,   §29. 

Sec.  37.  (Sec.  5688,  1915  Code.)  On  the  date  set  for  the 
completion  of  the  work,  or  prior  thereto,  upon  notice  from 
the  owner  that  the  work  has  been  completed,  the  state  engi- 
neer shall  cause  the  work  to  be  inspected,  after  due  notice 
to  the  owner  of  the  permit.  Such  inspection  shall  be  thorough 
and  complete,  in  order  to  determine  the  actual  capacity  of  the 
works,  their  safety  and  efficiency.  If  not  properly  and  safely 
constructed,  the  state  engineer  may  require  the  necessary 
changes  to  be  made  within  a  reasonable  time,  to  be  fixed  by 
him,  and  shall  not  issue  his  certificate  of  completion  until  such 
changes  are  made.  If  at  or  before  the  expiration  of  said  time, 
good  cause  is  shown  why  said  change  could  not  be  made  within 
said  time,  then  additional  time  may  be  allowed  in  which  to 
make  said  change.  Failure  to  make  such  changes  shall  cause 
the  postponement  of  the  priority  under  the  permit  for  such 
time  as  may  elapse  from  the  date  for  completing  such  changes 
until  made  to  the  satisfaction  of  the  state  engineer,  and  appli- 
cations subsequent  in  time  shall  have  the  benefit  of  such  post- 
ponement of  priority;  Provided,  That  for  works  involving  the 
diversion  of  not  exceeding  twenty  cubic  feet  of  water  per  sec- 
ond or  a  dam  not  exceeding  ten  feet  in  the  extreme  height 
from  the  foundation,  the  state  engineer  may,  in  his  discretion, 
accept  the  report  of  the  inspection  by  a  reputable  hydraulic 
engineer. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §30. 

Sec.  38.  (Sec.  5689,  1915  Code.)  When  the  works  are  found 
in  satisfactory  condition,  after  inspection;  the  state  engineer 
shall  issue  his  certificate  of  construction,  setting  forth  the 
actual  capacity  of  the  works  and  such  limitations  on  the  water 
right  as  shall  be  warranted  by  the  condition  of  the  works,  but 
in  no  manner  extending  the  rights  described  in  the  permit. 

Act  of  Mar    19,  '07;  L.  '07,  C.  49,  §31. 
—   19   — 


See.  39.  (Sec.  5690,  1915  Code.)  If  the  state  engineer,  shall, 
in  the  course  of  his  duties,  find  that  any  works  used  for  the 
storage,  diversion  or  carriage  of  water  are  unsafe  and  a  men- 
ace to  life  or  property,  he  shall  at  once  notify  the  owner  or 
agent,  specifying  the  changes  necessary  and  allowing  a  reason- 
able time  for  putting  the  works  in  safe  condition.  Upon  the 
request  of  any  party,  accompanied  by  the  estimated  cost  of 
inspection,  the  state  engineer  shall  cause  any  alleged  unsafe 
works  to  be  inspected.  If  they  shall  be  found  unsafe  by  the 
state  engineer,  the  money  deposited  by  such  party  shall  be  re- 
funded, and  the  fees  for  inspection  shall  be  paid  by  the  owner 
of  such  works ;  and,  if  not  paid  by  him  within  thirty  days  after 
the  decision  of  the  state  engineer,  shall  be  a  lien  against  the 
property  of  such  owner,  to  be  recovered  by  suit  instituted  by 
the  district  attorney  of  the  county  at  the  request  of  the  state 
engineer.  The  state  engineer  may,  when  in  his  opinion  neces- 
sary, inspect  any  works  under  construction  for  the  storage, 
diversion,  or  carriage  of  water,  and  require  any  changes  neces- 
sary to  secure  their  safety;  and  the  fees  for  such  inspections 
shall  be  a  lien  on  any  property  of  the  owner  and  shall  be  sub- 
ject to  collection  as  provided  herein :  Provided,  That  any  works 
constructed  by  the  United  States,  or  by  its  duly  authorized 
agencies,  shall  not  be  subject  to  such  inspection  while  under 
the  supervision  of  the  officers  of  the  United  States. 

Act  of  Mar.  19,  '07;  L,.  '07,  C.  49,   §32. 

Cited  in  Turley  v.  Furman,  16  N.  M.  253,  114  Pac.  278,  holding  a  pro- 
posed diversion  of  water  in  Colorado  for  use  in  New  Mexico  is  not  within 
the  jurisdiction  of  the  Territorial  Engineer. 

Sec.  40.  (Sec.  5691,  1915  Code.)  The  use  of  works  for  the 
storage,  diversion,  or  carriage  of  water,  contrary  to  the  instruc- 
tions of  the  state  engineer,  at  any  time  after  an  inspection 
thereof  by  him,  and  receipt  of  notice  from  him  that  the  same 
are  unsafe  for  the  purpose  for  which  they  are  used,  until  the 
receipt  of  notice  from  him  that  in  his  opinion  they  have  been 
made  safe,  shall  be  a  misdemeanor,  and  it  shall  be  the  duty 
of  the  state  engineer  to  give  prompt  notice  to  the  district  at- 
torney of  the  county  in  which  works  are  located  in  case  of  such 
violation.  The  district  attorney  shall  at  once  proceed  against 
the  owner,  and  all  parties  responsible  therefor. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §33. 

Sec.  41.  (Sec.  5692,  1915  Code.)  On  or  before  the  date  set 
for  the  application  of  the  water  to  a  beneficial  use,  the  state 
engineer  shall  cause  the  works  to  be  inspected,  after  due  notice 
to  the  owner  of  the  permit.  Upon  the  completion  of  such  in- 
spection, the  state  engineer  shall  issue  a  license  to  appropriate 
water  to  the  extent  and  under  the  condition  of  the  actual  ap- 
plication thereof  to  beneficial  use,  but  in  no  manner  extending 
the  rights  described  in  the  permit:  Provided,  That  the  inspec- 

—  20  - 


tion  to  determine  the  amount  of  water  applied  to  beneficial 
use  shall  be  made  at  the  same  time  as  that  of  the  constructed 
work,  if  requested  by  the  owner,  and  if  such  action  is  deemed 
proper  by  the  state  engineer. 

Act  of  Mar.  19,  '07;  L     '07,  C.  49,   §34. 

State  Engineer  May  Extend  Time   to   Construct  Irrigation 
Works. 

Sec.  42.  (As  amended  by  L.  1917,  Ch.  95.)  That  Section 
5693  of  the  1915  codification  be  and  the  same  hereby  is  amend- 
ed so  as  to  read  as  follows :  The  state  engineer  shall  hav>e  the 
power  to  grant  extensions  of  time  for  completion  of  construc- 
tion works  under  any  irrigation,  power,  mining,  milling,  placer, 
municipal  or  other  project  or  system,  for  the  application  of  wa- 
ter of  beneficial  uses :  Provided,  however,  that  all  such  exten- 
sions granted  either  for  completion  or  for  the  application  of  wa- 
ter to  beneficial  use  may  aggregate  five(  5)  years  but  shall  not 
aggregate  more  than  five  (5)  years  as  to  either  completion  of 
work  or  application  to  beneficial  use,  and  provided,  further, 
that  in  granting  extensions  the  state  engineer  shall  always 
have  in  view  the  policy  of  the  state  to  encourage  the  develop- 
ment of  the  arid  lands  within  the  state,  and  the  extension  shall 
be  made  and  constructed  liberally  in  favor  of  irrigation  pro- 
jects begun  for  the  purpose  of  development  of  lands  which 
are  unproductive  without  irrigation. 

Sec.  43.  (L.  1915,  Ch.  11.)  In  all  cases  where  the  original 
permit  for  an  irrigation  or  power  project  was  granted  prior  ta 
the  first  day  of  January,  1912,  where  it  shall  be  made  to. ap- 
pear to  the  state  engineer  by  affidavit  of  applicant,  or  his  as- 
signee, and  such  other  proofs  as  the  state  engineer  may  re- 
quire, that  it  has  been  or  will  be  impossible  to  complete  the 
construction  of  any  irrigation  works  or  system,  or  power  plant 
or  system,  or  any  portion  thereof,  within  the  State,  within  the 
time  allowed  by  the  provisions  of  chapter  49  of  the  Session 
Laws  of  1907  (§5693)  because  of  inability  to  finance  such  irri- 
gation or  power  project, .the  state  engineer  shall  have  power 
to  extend  the  time  for  completion  of  such  irrigation  works  or 
system,  or  power  plant  or  system,  or  any  portion  thereof,  for 
an  additional  period  of  not  to  exceed  three  years  from  the 
first  day  of  January,  1915,  under  such  reasonable  terms,  con- 
ditions and  restrictions  as  may  be  prescribed  by  the  state  en- 
gineer, who  shall  endorse  on  said  permit,  and  upon  the  proper 
records  thereof  in  his  office,  the  time  within  which  the  water 
may  be  applied  to  a  beneficial  use,  not  exceeding  four  years 
from  and  after  the  date  so  fixed  for  the  completion  of  such 
irrigation  works  or  system,  or  such  power  plant  or  system; 
Provided,  none  of  the  parts  or  provisions  of  this  act  shall  apply 

—  21  — 


to  or  be  construed  to  be  in  force  or  effect  in  the  counties  of 
San  Juan,  Lincoln,  Valencia  and  Luna. 

Sec.  44.  (L.  1917,  Ch.  26.)  In  all  cases  where  the  original 
permit  for  an  irrigation  or  power  project  shall  have  been  grant- 
ed and  when  it  shall  be  made  to  appear  to  the  state  engineer 
by  the  affidavit  of  the  applicant,  his  or  its  successors  or  as- 
signs or  by  the  affidavit  of  any  person  for  and  on  behalf  of 
such  applicant,  and  by  such  other  evidence  as  the  state  engi- 
neer may  require,  that  at  least  one-fourth  of  the  actual  con- 
struction work  on  such  irrigation  system,  or  power  project, 
was  completed  on  or  before  the  first  day  of  January,  1917, 
and  that  it  will  be  impossible  to  complete  the  construction  of 
such  irrigation  system  or  power  project  or  the  remaining  part 
thereof  within  the  time  allowed  by  the  provisions  of  the  laws 
of  this  state,  because  of  inability  to  procure  the  necessary 
finances  therefor,  or  on  account  of  any  other  unavoidable  con- 
dition, the  state  engineer  shall  have  and  is  hereby  given  the 
authority  to  extend  the  time  for  completion  of  such  irrigation 
system  or  power  project,  or  the  remaining  part  thereof,  for 
an  additional  period  not  exceeding  three  years  from  and  after 
the  first  day  of  January,  1917,  upon  such  reasonable  terms  and 
conditions  as  may  be  prescribed  by  the  state  engineer;  and  at 
the  time  of  granting  any  such  extension  the  state  engineer  shall 
endorse  on  said  permit  and  make  a  proper  record  in  the  records 
of  his  office  of  such  extension  and  of  the  time  within  which 
the  water  of  such  irrigation  system  or  power  project  shall  be 
applied  to  a  beneficial  use,  which  time  shall  not  exceed  four 
years  from  and  after  the  date  fixed  in  such  extension,  for  the 
completion  of  any  such  irrigation  system  or  power  project. 

That  is  is  necessary  for  the  preservation  of  the  public  peace 
and  safety  of  the  inhabitants  of  the  State  of  New  Mexico, 
that  the  provisions  of  this  act  become  effective  at  the  earliest 
possible  time,  and  therefore  an  emergency  is  hereby  declared 
to  exist,  and  this  act  shall  take  effect  and  be  in  full  force  and 
effect  from  and  after  its  passage  and  approval. 

Sec.  45.  (Sec.  5695,  1915  Code.)  Any  permit  or  license  to 
appropriate  water  may  be  assigned,  but  no  such  assignment 
shall  be  binding,  except  upon  the  parties  thereto,  unless  filed 
for  record  in  the  office  of  the  state  engineer.  The  evidence  of 
the  right  to  use  water  from  any  works  constructed  by  the 
United  States,  or  its  duly  authorized  agencies,  shall  in  like 
manner  be  filed  in  the  office  of  the  state  engineer,  upon  as- 
signment; Provided,  That  no  right  to  appropriate  water,  ex- 
cept water  for  storage,  reservoirs,  for  irrigation  purposes  shall 
be  assigned,  or*the  ownership  thereof  in  any  wise  transformed, 
apart  from  the  land  to  which  it  is  appurtenant,  except  in  the 
manner  specially  provided  by  law :  Provided,  further,  That  the 

-  22  — 


transfer  of  title  of  land  in  any  manner  whatsoever  shall  carry 
with  it  all  rights  to  the  use  of  water  appurtenant  thereto  for 
irrigation  purposes,  unless  previously  alienated  in  the  manner 
provided  by  law. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §36. 

Sec.  46.  (Sec.  5696,  1915  Code.)  In  any  suit  concerning 
water  rights,  or  in  any  suit  or  appeal  provided  for  in  this  arti- 
cle, the  court  may  in  its  discretion  submit  any  question  of  fact 
arising  therein  to  a  jury,  or  may  appoint  a  referee  or  referees 
to  take  testimony  and  report  upon  the  rights  of  the  parties. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,   §37. 

Sec.  47.  (Sec.  5697,  1915  Code.)  The  attorney  general  and 
the  district  attorney  of  the  county  in  which  legal  questions 
arise,  shall  be  the  legal  advisers  of  the  state  engineer,  and  shall 
perform  any  and  all  legal  duties  necessaary  in  connection  with 
his  work,  without  other  compensation  than  their  salaries  as 
fixed  by  law,  except  when  otherwise  provided. 

.Act  of  Mar.   19,   '07;   L.   '07,   C.   49,   §38. 

Sec.  48.  (Sec.  5698,  1915  Code.)  The  owner  or  owners  of 
any  works  for  the  storage,  diversion,  or  carriage  of  water, 
which  contain  water  in  excess  of  their  needs  for  irrigation  or 
other  beneficial  use  for  which  it  has  been  appropriated,  shall 
be  required  to  deliver  such  surplus  at  uniform  rates  to  parties 
entitled  to  use  the  same  under  like  conditions  and  circum- 
stances. 

Act  of  Mar.  19,  '07;  L    '07,  C.  49,   §39. 

Sec.  49.  (Sec.  5699,  1915  Code.)  Whenever  the  proper  of- 
ficers of  the  United  States,  authorized  by  law  to  construct 
works  for  the  utilization  of  waters  within  the  state,  shall  notify 
the  state  engineer  that  the  United  States  intends  to  utilize  cer- 
tain specified  waters,  the  waters  so  described,  and  unappropri- 
ated, and  not  covered  by  applications  or  affidavits  duly  filed 
or  permits  as  required  by  law,  at  the  date  of  such  notice,  shall 
not  be  subject  to  a  further  appropriation  under  the  laws  of 
the  state  for  a  period  three  years  from  the  date  of  said  notice, 
within  which  time  the  proper  officers  of  the  United  States  shall 
file  plans  for  the  proposed  work  in  the  office  of  the  state  engi- 
neer for  his  information,  and  no  adverse  claims  to  the  use 
of  water  required  in  connection  with  such  plans,  initiated  sub- 
sequent to  the  date  of  such  notice,  shall  be  recognized  under 
the  laws  of  the  state,  except  as  to  such  amount  of  the  water 
described  in  such  notice  as  may  be  formally  released  in  writ- 
ing by  an  officer  of  the  United  States,  thereunto  duly  author- 
ized :  Provided,  That  in  case  of  failure  to  file  pians  of  the  pro- 
posed work  within  three  years,  as  herein  required,  the  waters 
specified  in  the  notice  given  by  the  United  States  to  the  state 

—  23  — 


engineer  shall  become  public  waters  subject  to  general  appro- 
priations. 

Act  of  Mar  19,  '07;  L.  '07,  C.  49,  §40. 

This  section  is  merely  declaratory  of  the  law  as  it  had  already  been 
established  in  New  Mexico  by  repeated  judicial  decisions. 

Hagerman  Irrigation  Co.  v.  McMurray,  16  N.  M.  179,   113  Pac.  823. 

Sec.  50.  (Sec.  5700,  1915  Code.)  The  standard  of  measure- 
ment of  the  flow  of  water  shall  be  the  cubic  foot  per  second 
of  time ;  the  standard  of  measurement  of  the  volume  of  water 
shall  be  the  acre  foot,  being  the  amount  of  water  upon  an  acre 
covered  one  foot  deep,  equivalent  to  forty-three  thousand  five 
hundred  and  sixty  cubic  feet.  The  miner's  inch  shall  be  re- 
garded as  one-fiftieth  of  a  cubic  foot  per  second  in  all  cases, 
except  when  some  other  equivalent  of  the  cubic  foot  per  second 
has  been  specifically  stated  by  contract,  or  has  been  established 
by  actual  measurement  or  use. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §41 

Sec.  51.  (5701,  1915  Code.)  When  the  party  entitled  to 
the  use  of  water  fails  to  beneficially  use  all  or  any  part  of  the 
water  claimed  by  him,  for  which  a  right  of  use  has  vested, 
for  the  purpose  for  which  it  was  appropriated  or  adjudicated, 
except  the  water  for  storage  reservoirs,  for  a  period  of  four 
years,  such  unused  water  shall  revert  to  the  public  and  shall 
be  regarded  as  unappropriated  public  water. 

Act  of  Mar.  19,  '07;  L.  '07,  C.   49,   §42. 

This  section  is  merely  declaratory  of  the  law  as  it  had  already  been  es- 
tablished in  this  jurisdiction  by  repeated  judicial  decisions,  except  that  by 
those  decisions  the  time  within  which  the  applicaton  must  be  made  was  not 
any  definite  period  but  a  reasonable  time,  depending  to  some  extent  on  the 
circumstances  of  the  particular  case. 

Hagerman  Irrigation  Co.  v.  McMurry,  16  N.  M.  179,  113  Pac.  823. 

Sec.  52.  (Sec.  5702,  1915  Code.)  In  the  issuance  of  permits 
to  appropriate  water  for  irrigation  or  in  the  adjudication  of 
the  rights  to  the  use  of  water  for  such  purpose,  the  amount 
allowed  shall  not  be  in  excess  of  the  rate  of  one  cubic  foot  of 
water  per  second  for  each  seventy  acres,  or^  the  equivalent 
thereof,  delivered  on  the  land. 

Act  of  Mar    19,  '07;  L.  '07,  C.  49,  §43. 

Sec.  53.  (Sec,  5703,  1915  Code.)  All  water  used  in  this  state 
for  irrigation  purposes,  except  as  otherwise  provided  in  this  ar- 
ticle, shall  be  considered  appurtenant  to  the  land  upon  which 
it  is  used,  and  the  right  to  use  the  same  upon  said  land  shall 
never  be  severed  from  the  land  without  the  consent  of  the 
owner  of  the  land;  but  by  and  with  the  consent  of  the  owner 
of  the  land,  all  or  any  part  of  said  right  may  be  severed  from 
said  land,  and  simultaneously  transferred  and  become  appur- 
tenant to  other  land  or  may  be  transferred  for  other  purposes, 
without  losing  priority  of  right  theretofore  established,  if  such 
changes  can  be  made  without  detriment  to  existing  rights,  on 
the  approval  of  an  application  of  the  owner  to  the  state  engi- 

—  24  — 


neer,.  Before  the  approval  of  such  application,  the  applicant 
must  give  notice  thereof  by  publication,  in  the  form  required 
by  the  state  engineer,  once  a  week  for  four  consecutive  weeks 
in  a  newspaper  of  general  circulation  in  the  stream  system  in 
which  the  tract  or  tracts  of  land  may  be  situated. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §44. 

See  Sec,   5654. 

This  section  is  only  a  recognition  of  the  law  relative  to  waters  used  for 
irrigation  as  established  by  general  custom.  Where  land  is  owned  in 
severally  the  water  right  appurtenant  to  it  is  also  owned  in  severally. 

Snow  v.  Abalos  et  al.,  140  Pac.  1044. 

Sec.  54.  (Sec.  5704,  1915  Code.)  An  appropriator  of 
water  may  use  the  same  for  other  than  the  purpose  for  which 
it  was  appropriated,  or  may  change  the  place  of  diversion, 
storage,  or  use,  in  the  manner,  and  under  the  conditions,  pre- 
scribed in  sections  5680  and  5703. 

Act  of  Mar.  19,  '07;  L.  '07,  C    49,   §45. 
See  Sec.    5771. 

Sec.  55.  (Sec.  5705,  1915  Code.)  Every  ditch  owner  shall 
when  requested  to  do  so  by  the  state  engineer,  construct  and 
maintain  a  substantial  headgate  at  the  point  where  the  water 
is  diverted,  and  shall  construct  a  measuring  device,  of  a  design 
approved  by  the  state  engineer,  at  the  most  practicable  point 
or  points  for  measuring,  and  apportioning  the  water  as  de- 
termined by  the  state  engineer.  The  state  engineer  may  order 
the  construction  of  such  device  by  the  ditch  owner,  and  if  not 
completed  within  twenty  days  thereafter,  refuse  to  deliver 
water  to  such  owner.  The  taking  of  the  water  by  such  ditch 
owner,  after  refusal  by  the  state  engineer  to  deliver  water  to 
him,  until  the  construction  of  such  device  and  the  approval 
thereof  by  the  state  engineer,  shall  be  a  misdemeanor.  Such 
devices  shall  be  so  arranged  that  they  can  be  locked  in  place, 
and  when  locked  by  the  state  engineer  or  his  authorized  agent, 
for  the  measurement  or  apportionment  of  water,  it  shall  be  a 
misdemeanor  for  any  unauthorized  person  to  interfere  with, 
disturb  or  change  the  same. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,   §46. 

Cited 'in  Turley  y.  Furman,  16  N.  M.  253,  114  Pac.  278,  holding  proposed 
diversion  of  waters  in  Colorado  for  use  in  New  Mexico,  not  within  jurisdic- 
tion of  Territorial  Engineer. 

As  to  whether  this  section  affects  existing  water  rights,  see  Pueblo 
of  Isleta  v.  Tondre,  137  Pac.  86,  holding  that  the  act  of  which  this  section 
is  a  part  does  not  apply  to  community  ditches. 

Sec.  56.  (Sec.  5706,  1915  Code.)  Any  person,  association  or 
corporation  interfering  with  or  injuring  or  destroying  any 
dam,  headgate,  weir,  benchmark  or  other  appliance  for  the  di- 
version, carriage,  storage,  apportionment,  or  measurement  of 
water,  or  for  any  hydro  graphic  surveys,  or  who  shall  interfere 
with  any  person  or  persons  engaged  in  the  discharge  of  duties 
connected  therewith,  shall  be  guilty  of  a  misdemeanor,  and 
shall  also  be  liable  for  the  injury  or  damage  resulting  from 
such  unlawful  act.  The  state  engineer  or  any  authorized  as- 

—  25  — 


sistant  shall  have  power  to  arrest  any  person  offending  against 
the  provisions  of  this  section,  and  deliver  him  to  the  nearest 
peace  officer  of  the  county.  It  shall  be  the  duty  of  the  person 
making  the  arrest  to  make  complaint  at  once  before  the  court 
having  jurisdiction  thereof.  The  state  engineer,  the  water 
masters,  and  their  authorized  assistants,  and  agents  may  enter 
upon  private  property  for  the  performance  of  their  respective 
duties,  doing  no  unnecessary  injury  thereto. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  4S,  §47. 

For  penalty  see   Sec.   5710. 

Cited  in  Turley  v.  Furman,  16  N.  M.  253,  114  Pac.  278,  holding  a  pro- 
posed diversion  of  waters  in  Colorado  for  uses  in  New  Mexico  is  not  within 
jurisdiction  of  Territorial  Engineer. 

Sec.  57.  (Sec.  5707,  1915  Code.)  The  unauthorized  use  of 
water  to  which  another  person  is  jentitled,  or  the  willful  waste 
of  water  to  the  detriment  of  another,  or  the  public  shall  be  a 
misdemeanor.  It  shall  also  be  a  misdemeanor  to  begin  to  carry 
on  any  construction  of  works  for  storing  or  carrying  water 
until  after  the  issuance  of  permit  to  appropriate  such  waters, 
except  in  the  case  of  construction  carried  on  under  authority 
of  the  United  States. 

Act  of  Mar.  19,  '07;  L    '07,  C.  49,   §48. 

Sec.  58.  (Sec.  5708,  1915  Code.)  The  owner  or  owners  of 
any  ditch,  canal,  or  other  structure  for  carrying  or  storing 
water,  shall  construct  a  substantial  bridge  where  the  same 
crosses  any  public  road  with  a  passageway  not  less  than  four- 
teen feet  wide ;  or  reconstruct  the  road  in  a  substantial  manner 
and  in  a  convenient  location  for  public  travel.  Any  violation 
of  the  provisions  of  this  section  shall  be  a  misdemeanor.  The 
county  commissioners  shall  be  authorized  to  construct  such 
bridge  or  road,  if  not  built  by  the  owner  of  the  work  within 
three  days  after  the  obstruction  of  the  road,  and  may  recover 
the  expense  thereof  and  costs  in  a  civil  suit,  unless  the  same 
shall  be  \>a,id  by  the  owner  of  the  works  within  ten  days  after 
demand  therefor.  The  county  commissioners  may  make  reason- 
able requirements  as  to  the  size  and  character  of 'such  bridges 
along  public  highways,  or  for  the  necessary  reconstruction  of 
roads,  and  upon  failure  to  comply  therewith,  may  do  the  neces- 
sary work  and  collect  the  expense  thereof  and  costs  as  here- 
inbefore provided.  After  the  construction  of  such  bridge  or 
road  as  part  of  a  public  highway,  the  same  shall  be  maintained 
by  the  county  commissioners.  The  owner  of  owners  of  any 
ditch,  canal  or  other  structure  for  carrying  or  storing  water 
shall  keep  the  same  in  good  repair  at  the  crossing  of  any  high- 
way or  publicly  traveled  road  or  at  other  places  where  the 
water  therefrom  may  flow  over  or  in  any  wise  injure  any  road 
or  highway ;  and  the  commissioners  shall  require  necessary  re- 
pairs for  the  protection  of  the  roads  to  be  made  or  shall  make 

-  26  - 


them  at  the  expense  of  the  owners  of  such  works  and  collect 
the  expense  thereof,  and  costs  as  herein  provided. 

Actof  Mar.  19,  '07;  L.  '07,  C.  49,  §49. 

Sec.  59.  (Sec.  5709,  1915,  Code.)  Whenever  any  appropri- 
ator  of  water  has  the  right-of-way  for  the  storage,  diversion, 
or  carriage  of  water,  it  shall  be  unlawful  to  place  or  maintain 
any  obstruction  that  shall  interfere  with  the  use  of  the  works, 
or  prevent  convenient  access  thereto.  Any  violations  of  this 
section  shall  be  a  misdemeanor. 

Act  of  Mar.  19,   '07;  L.   '07,  C.  49,   §50. 

For  penalty  see  Sec.  5710. 

Cited  in  Turley  v.  Furman,  16  N.  M.  253,  114  Pac.  278,  holding  a  pro- 
posed diversion  of  water  in  Colorado  for  use  in  New  Mexico  is  not  within 
jurisdiction  of  Territorial  Engineer. 

Sec.  60.  (Sec.  5710,  1915  £ode.)  All  violations  of  the  pro- 
visions of  this  article,  declared  herein  to  be  misdemeanors, 
shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars 
($100.00)  nor  less  than  ten  dollars  ($10.00),  or  by  imprison- 
ment in  the  county  jail  not  exceeding  six  months,  or  by  both 
such  fine  and  imprisonment,  and  any  justice  court  of  the 
county  in  which  such  misdemeanor  has  been  committed  shall 
have  jurisdiction  thereof. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,§  51. 

Sec.  61.  (Sec.  5711,  1915  Code.)  All  liens  on  land,  provided 
for  in  this  article  shall  be  superior  in  right  to  all  mortgages 
or  other  incumbrances  placed  upon  the  land  and  the  water 
appurtenant  thereto  or  used  in  connection  therewith. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,   §52 

Sec.  62.  (Sec.  5712,  1915  Code.)  In  the  case  of  the  seepage 
of  water  from  any  constructed  works,  the  owner  of  such  works 
shall  have  the  first  right  to  the  use  thereof  upon  filing  an  ap- 
plication with  the  state  engineer  as  in  the  case  of  an  original 
appropriation,  but  if  such  owner  shall  not  file  said  application 
within  one  year  after  the  completion  of  such  works,  or  the  ap- 
pearance upon  the  surface  of  such  seepage  water,  any  party 
desiring  to  use  the  same  shall  make  application  to  the  state 
engineer,  as  in  the  case  of  unappropriated  water,  and  such 
party  shall  pay  to  the  owner  of  such  works  reasonable  charge 
for  the  storage  or  carriage  of  such  water  in  such  works :  Pro- 
vided, That  the  appearance  of  such  seepage  water  can  be 
traced  beyond  reasonable  doubt  to  the  storage  or  carriage  of 
water  in  such  works. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §53. 

Under  the  above  section  the  only  seepage  water  over  which  the  engineer 
has  power  to  grant  permits  for  appropriation  by  applicants  is  seepage  water 
from  "constructed  works".  The  term  "constructive  works"  is  used  in  many 
of  the  sections  of  the  act  of  1907,  and,  as  was  held  by  the  board  of  water 
commisisoners,  in  its  opinion  overruling  the  territorial  engineer,  refers  to 
constructed  reservoirs  and  ditches.  There  being  no  proof  of  any  such  con- 
structed works,  or  proof  that  the  seepage  water  came  from  such  works, 
the  engineer  was  without  authority  under  that  section  to  grant  permits  for 
its  appropriation  by  the  appellant;  and  this  is  true  regradless  of  whether 

—  27  — 


the  owner  of  the  land  upon  which  the  water  appeared  applied  for  its  ap- 
propriation or  not. 

Vanderwork  v.  Hewes,  15  N.  M.  439;  110  Pac.  567 

Sec.  63.  (Sec.  5713,  1915  Code.)  No  lands  belonging  to  the 
state,  within  the  areas  to  be  irrigated  from  works  constructed 
or  controlled  by  the  United  States,  or  its  duly  authorized 
agencies,  shall  hereafter  be  sold  except  in  conformity  with  the 
classification  of  farm  units  by  the  United  States,  and  the  title 
to  such  lands  shall  not  pass  frq,m  the  state  until  the  applicant 
therefor  shall  have  fully  complied  with  the  provisions  of  the 
laws  of  the  United  States,  and  the  regulations  thereunder  con- 
cerning the  acquisition  of  the  right  to  use  water  from  such 
works  and  shall  produce  the  evidence  thereof  duly  issued. 
After  the  withdrawal  of  lands  by  the  United  States  for  any  irri- 
gation project,  no  application  for  the  purchase  of  state  lands 
within  the  limits  of  such  withdrawal  shall  be  accepted,  except 
upon  the  condition  prescribed  in  this  section.  Any  state  lands 
needed  by  the  United  States  for  irrigation  works  shall  be  con- 
veyed to  the  United  States  without  charge. 

Act  of  Mar.   19,   '07;  L.  '07,  C.   49,   §55.       , 

Sec.  64.  (Sec.  5714,  1915  Code.)  There  is  appropriated 
out  of  any  moneys  in  the  state  treasury,  except  the  fund  for 
the  payment  of  interest  on  the  bonded  debt,  and  exclusive  of 
the  Hydro  graphic  Survey  Fund,  section  5676,  the  sum  of 
$3,500.00  annually,  or  so  much  thereof  as  may  be  necessary, 
for  the  payment  of  the  salaries  and  expenses  of  the  state  engi- 
neer, and  the  services  of  assistants  and  expenses  of  the  office 
and  department  of  the  state  engineer,  as  provided  by  this 
article.  All  claims  for  services  rendered  and  expenses  incurred 
and  materials  and  supplies  furnished  under  the  provisions  of 
this  article  shall  be  audited  by  the  state  auditor  for  payment 
and  be  paid  by  the  state  treasurer  in  accordance  with  the 
provisions  of  the  general  statutes  as  to  the  auditing  of  claims 
against  the  state. 

Act  of  Mar.   19,   '07;  L.  '07,   C.  49,   §56. 

Sec.  65.  (Sec.  5715,  1915  Code.)  In  all  cases  where  local  or 
community  customs,  rules  and  regulations  have  been  adopted 
and  are  now  in  force  and  in  all  cases  where  such  rules  and 
regulations  may  be  adopted  from  time  to  time  by  the  majority 
of  the  users  from  a  common  canal,  lateral,  or  irrigation  sys- 
tem,, and  have  for  their  object  the  economical  use  of  water  and 
are  not  detrimental  to  the  public  welfare,  such  rules  and  regu- 
lations shall  govern  the  distribution  of  water  from  such  ditches, 
laterals  and  irrigation  systems  to  the  persons  entitled  to  water 
therefrom,  and  such  customs,  rules  and  regulations  shall  not  be 
molested  or  changed,  unless  so  desired  by  the  persons  inter- 
ested and  using  said  custom  or  customs,  but  nothing  in  this 
section  shall  be  taken  to  impair  the  authority  of  the  state 

—  28  — 


engineer  and  water  master  to  regulate  the  distribution  of  water 
from  the  various  stream  systems  of  the  state  to  the  ditches  and 
irrigation  systems  entitled  to  water  therefrom  under  the  pro- 
visions of  this  article. 

Act  of  Mar.  19,  '07;  L.   '07,  C     49,   §57. 

Referred  to  in  Pueblo  of  Isleta  v.  Tondre,  137  Pac.  86;  note  to  Sec.  5665. 

Sec.  66.  (Sec.  5716,  1915  Code.)  No  water  master  shall  be 
appointed  under  this  article,  until  the  prior  rights  to  the  use  of 
water  have  been  determined  in  one  or  more  stream  systems  in 
this  state  under  the  provisions  of  this  article. 

Act  of  Mar.  19,   '07;  L.  '07,  C.   49,   §58. 

Referred  to  in  Pueblo  of  Isleta  v.  Tondre,  137  Pac.  86;  note  to  Sec.  5665. 

Sec.  67.  (Sec.  5717,  1915  Code.)  Nothing  contained  in  this 
article  shall  be  construed  to  impair  existing,  vested  rights  or 
the  rights  and  priorities  of  any  person,  firm,  corporation  or 
association,  who  may  have  commenced  the  construction  of 
reservoirs,  canals,  pipe  line  or  other  works  or  who  have 
filed  affidavits,  applications  or  notices  thereof  for  the  pur- 
pose of  appropriating  for  beneficial  use,  any  waters  as  defined 
in  section  5654,  in  accordance  with  the  laws  of  the  Territory  of 
New  Mexico,  prior  to  March  19,  1907 ;  Provided,  however,  That 
all  such  reservoirs,  canals,  pipe  lines  or  other  works  and  the 
rights  of  the  owners  thereof  shall  be  subject  to  regulation,  ad- 
judication and  forfeiture  for  abandonment  as  provided  in  this 
article. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §59. 

The  class  of  works  referred  to  in  this  section  is  that  concerning  which 
application  is  required  to  be  made  to  the  State  Engineer,  and  it  does  not 
refer  to  small  community  ditches  or  acequias  which  involve  no  damage  to 
life  or  property  and  one  of  comparatively  insignificant  cost. 

Pueblo  of  Isleta  v.  Tondre,  137  Pac.  86. 

Sec.  68.  (Sec.  5718,  1915  Code.)  Whenever  the  owner  of  a 
ditch,  canal,  pipe  line,  reservoir,  or  other  works  shall  turn  or 
deliver  water  from  one  stream  or  drainage  into  another  stream 
or  drainage,  such  owner  may  take  and  use  the  same  quantity  of 
water,  less  a  reasonable  deduction  for  evaporation  and  seepage 
to  be  determined  by  the  state  engineer,  and  such  owner  may 
be  required  by  the  state  engineer  to  construct  and  maintain 
suitable  measuring  flumes  or  devices  at  the  point  or  points 
where  said  water  leaves  its  natural  stream  or  water  shed,  or 
is  turned  into  another  stream  or  water  shed.  Where  the  rights 
of  others  are  not  injured  thereby,  it  shall  be  lawful  for  the 
owner  of  any  reservoir,  canal,  or  other  work,  to  deliver  water 
into  any  ditch,  stream,  or  water  course,  to  supply  appropria- 
tions therefrom  and  to  take  in  exchange  therefor,  either  above 
or  below  such  point  of  delivery,  a  quantity  of  water  equiva- 
lent to  that  so  delivered,  less  a  proper  deduction  for  evapora- 
tion and  seepage  to  be  determined  by  the  state  engineer ;  Pro- 
vided, such  owner  shall,  under  the  direction  of  the  state  engi- 

—  29  — 


neer,  construct  and  maintain  suitable  measuring  devices  at  the 
points  of  delivery  and  diversion. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,   §60 
See  Sec.  5729. 

Sec.  69.  (Sec.  5719,  1915  Code.)  Whenever  in  accordance 
with  the  provisions  of  this  article,  any  person,  firm,  association, 
or  corporation  shall  enlarge  an  existing  canal,  acequia,  reser- 
voir, or  other  works  in  order  to  use  the  same  in  common  with 
former  owner,  such  person,  firm,  association  or  corporation, 
shall  have  and  enjoy  the  right  to  use  and  benefit  of  the  quanti- 
ty of  water  added  to  the  capacity  of  such  structure  or  work  by 
such  enlargement.  Where  two  or  more  owners  are  using  or  have 
the  right  to  use  the  same  canal,  acequia,  reservoir  or  other 
water  works,  and  one  or  more  of  such  owners  shall  fail  or 
neglect  to  do  his  or  their  proper  share  of  the  work  or  to  furn- 
ish and  pay  for  his  or  their  proper  share  of  the  materials 
necessary  for  the  maintenance,  repair  and  operation  thereof, 
any  one  of  more  of  such  owners  may,  after  ten  days  notice, 
proceed  to  perform  such  work,  and  furnish  such  materials, 
and  may  recover  from  each  delinquent  owner  his  proportion- 
ate share  of  the  cost  of  such  work  and  materials  by  a  suit  in 
any  court  of  competent  jurisdiction,  and  shall  have  a  lien 
therefor  upon  such  delinquent  owner's  share  in  said  canal, 
acequia,  reservoir  or  other  works  enforceable  in  the  same 
manner  as  provided  by  law  for  the  enforcement  of  mechanic's 
liens. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §61. 
See  note  to  Sec.  5656 

Sec.  70.  (Sec.  5720,  1915  Code.)  There  shall  be  a  board  of 
water  commissioners  to  consist  of  three  members  who  shall 
be  appointed  by  the  Governor  of  the  State  of  New  Mexico,  by 
and  with  the  advice  and  consent  of  the  Senate  from 
different  sections  of  the  state,  and  who  shall  hold  office 
for  four  years,  or  until  their  successors  shall  be  appointed 
and  qualified.  Each  member  of  such  board  before  assuming 
the  duties  of  his  office  shall  take  the  oath  as  prescribed  by 
law  for  state  officials,  conditioned  upon  the  faithful  discharge 
of  his  duties.  Such  board  shall,  if  there  be  pending  before  it 
business  so  requiring,  meet  at  the  office  of  the  state  engineer 
on  the  first  Monday  of  May,  August,  November  and  February 
of  each  year,  and  shall  hold  special  meetings  whenever  called 
by  a  majority  of  the  board,  either  at  the  state  capital  or  else- 
where as  the  business  of  the  board  may  require. 

Act  of  Mar.  19,  '07;  L.  '07,  C.   49.   §62. 
For  oath  see  Constitution,  Art.  XX,  §1. 

Sec.  71.  (Sec.  5721,  1915  Code.)  It  shall  be  the  duty  of  said 
board  to  hear  and  determine  appeals  from  the  actions  and 
decisions  of  the  state  engineer  in  all  matters  affecting  the 

—  30  — 


rights,  priorities  and  interests  of  water  users  and  owners  of, 
or  parties  desiring  to  construct  canals,  reservoirs,  or  other 
works  for  the  conveyance,  storage  or  appropriation  of  waters 
in  this  state.  Any  applicant  or  other  party  dissatisfied  with 
any  decision,  act  or  refusal  to  act  of  the  state  engineer  may 
take  an  appeal  to  said  board :  Provided,  Notice  of  such  appeal 
shall  be  served  upon  the  state  engineer  and  all  parties  inter- 
ested within  thirty  days  after  notice  of  such  decision,  act  or 
refusal  to  act,  and  unless  such  appeal  is  taken  within  said 
time,  the  action  of  the  state  engineer  shall  be  final  and  con- 
clusive. Notice  of  such  appeal  may  be  served  in  the  same 
manner  as  summons  in  actions  brought  before  the  district 
courts  of  the  state,  or  by  publication  in  some  newspaper  printed 
in  the  county  or  water  district  wherein  the  work  or  point  of 
desired  appropriation  in  question  is  situated,  once  a  week  for 
four  consecutive  weeks,  the  last  publication  to  be  at  least 
twenty  days  prior  to  the  date  when  such  appeal  may  be  heard. 

Act  of  Mar.  19,  "07;  L.  '07,  C.  49,   §63. 

Cited  in  Turley  v.  Furman,  16  N.  M.  253,  114  Pac  278,  holding  a  pro- 
posed diversion  of  water  in  Colorado  for  use  in  New  Mexico  is  not  within 
jurisdiction  of  Territorial  Engineer. 

The  act  in  question,  clearly  shows  that  in  each  instance,  where  a  hear- 
ing is  provided  for,  or  required,  the  same  shall  be  de  novo,  or  an  original 
hearing,  where  the  engineer,  board  of  water  commissioners,  or  the  court 
hears  such  competent  proof  as  may  be  offered  by  the  parties  interested  in 
the  proceeding,  and  forms  his  or  its  own  independent  judgment  relative  to 
the  issues  involved.  The  board  of  water  commissioners  does  not,  nor  is  it 
called  upon  to  review  the  discretion  of  the  engineer.  Upon  appeal,  it  de- 
termines for  itself  the  question  as  to  whether  the  application  should  be 
approved  or  rejected.  It  is  not  bound,  controlled,  or  necessarily  influenced, 
in  any  way  by  the  action  of  the  engineer.  It  hears,  or  may  hear  additional 
evidence,  and  upon  the  record,  and  such  evidence  as  is  properly  before  it, 
decides  the  question  presented. 

Farmers'  Development  Co.  v.  Rayado  Land  &  Irrigation  Co.,  133  Pac.  104. 

Sec.  72.  (Sec.  5722,  1915  Code.)  It  shall  be  the  duty  of 
the  state  engineer,  upon  notice  being  filed  in  his  office  of 
such  appeal,  to  forthwith  transmit,  or  produce,  before  said 
board  the  papers,  maps,  plats,  field  notes  and  other  data  in  his 
possession,  affecting  the  matter  in  controversy,  or  certified 
copies  thereof,  which  copies  shall  be  admitted  in  evidence 
by  said  board,  or  by  any  court  in  this  state,  as  of  equal  validity 
with  the  originals. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,   §64. 

Sec.  73.  (Sec.  5723,  1915  Code.)  The  decisions  of  said 
board,  upon  any  such  appeal,  shall  be  filed  in  the  office  of  the 
state  engineer,  who  shall  thereafter  act  in  accordance  with 
such  decision.  The  decision  of  said  board  shall  be  final,  subject 
to  appeal  to  the  district  court  of  the  district  wherein  such 
work,  or  point  of  desired  appropriation,  is  situated,  to  be 
taken  within  sixty  days  from  the  date  of  such  decision,  upon 
notice  served  in  the  manner  and  within  the  time  in  this  article 
provided  for  service  of  notice  of  appeal  from  decisions  or  acts 
of  the  state  engineer,  and  upon  filing  a  cost  bond  in  such 
sum  as  the  board  may  fix,  with  two  or  more  sureties  to  be 

-  31  - 


approved  by  the  clerk  of  said  board.  If  for  any  good  reason 
said  board  should  fail  to  meet  and  act  upon  any  such  appeal 
within  ninety  days  after  the  filing  of  notice  thereof  with  the 
clerk  of  said  board,  the  case  may  be  taken  before  the  district 
court  of  the  district  wherein  the  work  done  or  point  of  desired 
appropriation  in  controversy  is  situated,  upon  petition  and 
by  writ  of  certiorari  directed  to  said  board  and  served  upon 
the  clerk  thereof;  Provided,  That  notice  of  the  filing  of  such 
petition  and  the  application  for  said  writ  shall  be  served  upon 
all  parties  interested,  in  the  manner  herein  provided  for  service 
of  notice  of  appeals  to  said  board. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,   §65. 

Cited  in  Farmers'  Development  Co.  v.  Rayado  L.  &  I.  Co.,  133  Pac.  104 

Sec.  74.  (Sec.  5724,  1915  Code.)  In  case  of  such  appeal 
to  the  district  court  it  shall  be  the  duty  of  said  board  to  certify 
to  said  court  the  record  of  all  proceedings  with  reference  to 
the  matter  in  controversy  together  with  all  papers,  maps,  plats, 
field  notes,  and  other  documents  and  exhibits  filed  with  said 
board.  The  costs  in  such  cases  to  be  taxed  the  same  as  costs 
in  cases  in  the  district  court  and  at  the  same  rates  and  that 
the  same  shall  be  paid  in  accordance  with  the  judgment  of  the 
board  or  court  in  each  case.  All  cases  removed  into  the  dis- 
trict court  in  pursuance  of  this  section  shall  be  tried  de  novo, 
except  that  evidence  which  may  have  been  taken  in  the  hearing 
before  the  state  engineer  and  said  broad  and  transcribed,  may 
be  considered  as  original  evidence  in  the  district  court,  and 
the  court  shall  allow  all  amendments  which  may  be  necessary  in 
furtherance  of  justice  in  all  cases,  appealed  by  petition  or 
certiorari,  or  otherwise,  and  may  submit  any  question  of  fact 
arising  therein  to  a  jury,  or  to  one  or  more  referees  at  its 
discretion. 

Act  of  Mar.  19,  '07;  L.  '07,  C.   49,   §66. 

The  court  may  consider  such  evidence  as  has  been  introduced  before  the 
board  and  engineer,  and  transcribed  and  filed  with  it;  but  it  also  hears 
additional  evidence,  and  is  not  called  upon  to  determine  whether  the  engi- 
neer or  the  board  of  water  commissioners  erred  in  the  action  taken  ai;d 
order  entered,  but  must  form  its  own  conclusion  and  enter  such  judgment 
as  the  proof  warrants  and  the  law  requires.  It  does  not  review  the  discre- 
tion of  the  engineer  or  the  board,  but  determines,  as  in  this  case  it  was 
required  by  the  issue  presented,  whether  appellee's  application  to  appropri- 
ate water  should  be  granted.  The  court,  in  order  to  form  a  conclusion 
upon  the  issues,  was  necessarily  required  to  determine,  for  itself,  whether 
there  was  unappropriated  water  available,  whether  the  approval  of  the  ap- 
plication would  be  contrary  to  the  public  interest,  and  all  other  questions 
which  the  engineer  was  required,  in  the  first  instance,  to  determine. 

Farmers'  Development  Co.  v    Rayado  Land  &  Irr.  Co.,  133  Pac.  104. 

Sec.  75.  (Sec.  5725,  1915  Code.)  Said  board  may  adopt 
and  use  a  seal  and  make  rules  for  the  hearing  and  determina- 
tion of  appeals  not  inconsistent  with  law  and  the  provisions  of 
this  article.  Any  member  of  said  board  or  the  clerk  thereof,  or 
any  referee  appointed  by  said  board  to  take  testimony  may 
administer  oaths  to  witnesses;  and  the  board  or  any  such 
referee  shall  have  the  power  to  order  or  summon  witnesses 

—  32  — 


to  appear  and  testify  before  it  or  such  referee,  and  to  produce 
books,  papers  and  documents.  Any  person,  or  the  officer  or 
agent  of  any  corporation  who  shall  fail  or  refuse  to  appear 
and  testify  or  to  produce  the  papers  and  documents  as  required 
by  any  summons  or  order  of  said  board  or  referee  appointed 
by  said  board  to  take  testimony,  shall  be  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  before  any  district  court 
of  this  state,  shalfbe  fined  in  a  sum  not  less  than  fifty  nor 
exceeding  one  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  to  exceed  three  months,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court. 

Act  pfMar.     19,  '07;  L.  "07,   C.  49,   §67. 

Sec  .76.  (Sec.  5726, 1915  Code.)  Each  member  of  said  board 
shall  receive  five  dollars  per  day  while  in  attentdance  at  meet- 
ing thereof,  and  actual  traveling  expenses  while  in  the  dis- 
charge of  his  duties;  Provided,  That  no  member  shall  receive 
pay  for  more  than  sixty  days'  service  in  any  one  year. 

Act  of  Mar.  19,  '07;  L.  '07,  C.  49,  §68. 

Sec.  77.  (Sec.  5727,  1915  Code.)  The  board  shall  appoint 
a  clerk,  who  may  be  also  a  clerk  or  assistant  to  any  other  state 
officer,  and  who  shall  receive  a  salary  not  to  exceed  fifty  dol- 
lars per  month  for  his  services  as  clerk  to  said  board.  The 
board  may  purchase  necessary  stationery  and  office  supplies  to 
an  amount  not  to  exceed  one  hundred  dollars  in  any  one  year. 
The  salary  of  the  clerk,  the  per  diem  of  the  members  of  the 
board  and  the  expenses  of  the  members  and  office  as  herein 
provided,  shall  be  paid  at  the  time  and  in  the  same  manner  as 
those  of  other  officers  of  the  state. 

Act  of  Mar.  19,  '07;  L.   '07,  C.  49,   §69. 

Sec.  78.  (Sec.  5728,  1915  Code.)  All  permits,  decrees  and 
documents  granting,  defining  or  limiting  water  rights  and 
rights  of  owners  of  canals,  reservoirs  and  works  for  conducting, 
storing  or  appropriating  water  in  this  state  shall  be  recorded 
in  the  office  of  the  county  clerk  of  the  county  in  which  the 
property,  canal,  reservoir  or  work  is  situated.  When  so  re-^ 
corded,  copies  of  such  permits,  decrees  and  documents  certi- 
fied by  the  county  clerk  shall  be  admitted  in  evidence  in  any 
court  of  the  state  as  of  equal  validity  with  the  original. 

Act  of  Mar.  19,  '07;  L    '07,  C.  49,  §71. 

Sec.  79.  (Sec.  5729,  1915  Code.)  It  shall  be  unlawful  for 
any  person,  company,  or  corporation,  to  divert  the  waters  of 
any  public  stream  in  New  Mexico  for  use  for  reservoirs  or 
other  purposes  in  a  valley  other  than  that  of  any  such  stream, 
to  the  impairment  of  valid  and  subsisting  prior  appropriations 
of  such  waters. 

Any  violator  of  this  section,  shall  upon  conviction  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  dollars  ($100.00) 

—  33  — 


nor  more  than  five  hundred  dollars  ($500.00  )  or  imprisonment 
in  the  county  jail  for  not  less  than  one  month  nor  more  than 
three  months,  or  both,  in  the  discretion  of  the  court. 

Act  of  Mar.  19,  '07;  L.   '07,  C.  49,   §72. 
S«e  Sec.   5718. 

Sec.  80.  (Sec.  73,  Chap.  49,  Laws  1907.)  An  act  of  the  36th 
Legislative  Assembly  of  the  the  Territory  of  New  Mexico,  en- 
titled "An  Act  creating  the  office  of  Territorial  Irrigation  En- 
ginner,  to  promote  irrigation  development  and  conserve  the 
waters  of  New  Mexico  for  the  irrigation  of  lands  and  for  other 
purposes,"  approved  March  16,  1905,  and  all  other  acts  and 
parts  of  acts  in  conflict  with  this  act,  are  hereby  repealed,  and 
this  act  shall  be  in  full  force  and  effect  from  and  after  its 
passage. 

Sec.  81.  (Sec.  5684,  1915  Code.)  To  the  end  that  the  waters 
of  the  several  stream  systems  of  the  state  may  be  conserved 
and  utilized  so  as  to  prevent  erosion,  waste  and  damage  caused 
by  torrential  floods,  and  in  order  that  the  benefits  of  the  use 
of  such  waters  may  be  distributed  among  the  inhabitants  and 
land  owners  of  the  country  along  said  streams  as  equitably  as 
possible  without  interfering  with  vested  rights  the  natural 
right  of  tKe  people  living  in  the  upper  valleys  of  the  several 
stream  systems  to  impound  and  utilize  a  reasonable  share  of 
the  waters  which  are  precipitated  upon  and  have  their  source 
in  such  valleys  and  superadjacent  mountains,  is  hereby  recog- 
nized, the  exercise  of  such  right,  however,  to  be  subject  to 
the  provisions  of  this  article. 

Act  of  Mar.  18,  '09;  L.  '09,  C.  128,   §1. 

Sec.  82.  (Sec.  5685,  1915  Code.)  In  cases  of  applications 
for  permits  to  impound  and  utilize  waters  of  any  stream  of 
flood  waters  under  conditions  which  would  cause  or  permit 
a  considerable  return  flow  of  such  waters  into  their  natural 
channnel  above  the  diversion  or  storage  works  of  other  ap- 
propriators  or  of  others  using,  or  who  have  acquired  the  right 
to  use,  water  from  said  stream  or  stream  system,  the  state 
engineer  is  authorized  to  approve  such  applications  whenever 
such  storage  or  use  of  water  by  the  upper  owner  or  owners 
would  not  result  in  depriving  such  lower  users  or  appropriators 
of  water  to  the  extent  of  their  reasonable  requirements. 

Act  of  Mar.  18,  '09;  L.  '09,  C.  128,   §2 

Sec.  83.  (Sec.  5686,  1915  Code.)  There  shall  be  the  same 
right  of  appeal  from  the  action  of  the  state  engineer  in  ap- 
proving or  rejecting  any  such  application  as  is  provided  in 
this  article,  Sec.  5721,  and  nothing  in  this  article  shall  be  con- 
strued to  impair  prior  vested  rights  or  the  rights  of  prior  ap- 
propriators of  public  waters  of  this  state,  or  the  rights  of  those 
who  have  filed,  or  may  file  applications  to  appropriate  public 

—  34  — 


waters  in  compliance  with  existing  laws  of  the  state  of  New 
Mexico. 

Act  of  Mar.   18,   '09;  L.   '09,  C.   128,   §3. 

Sec.  84.  (Sec.  4,  Chap.  128,  Laws  1909.)  This  act  shall  take 
effect  and  'be  in  force  from  and  after  its  passage. 

Sec.  85.  (Sec.  5694,  1915  Code.)  Any  person,  firm  or  cor- 
poration claiming  any  rights  or  priorities  to  the  use  of  water 
for  any  beneficial  purpose  or  purposes  in  the  state  of  New 
Mexico,  initiated  prior  to  the  approval  of  an  act,  entitled 
"An  Act  to  Conserve  and  Regulate  the  Use  and  Distribution  of 
the  Waters  of  New  Mexico ;  to  Create  the  Office  of  Territorial 
Engineer;  to  Create  a  Board  of  Water  Commissioners  and  for 
Other  Purposes,"  approved  March  19,  1907,  the  same  being 
Chapter  49  of  the  Acts  of  the  37th  Legislative  Assembly  of 
New  Mexico  (Sec.  5654  et  seq.),  who  had  prior  to  said  March 
19,  1907,  filed  the  sworn  statement  equired  of  Section  493 
of  the  Compiled  Laws  of  1897,  and  whose  work  of  perfecting 
said  rights  or  priorities  was  in  progress  by  excavations,  sur- 
veys or  construction,  prior  to  March  19,  1907,  and  who  had  also 
prior  to  said  date,  acquired  by  purchase  the  rights  of  any 
person  or  corporation  that  had  expended  more  than  forty 
thousand  dollars  in  necessary  surveys  and  construction  of  irri- 
gation works  within  the  same  drainage  area,  shall  have  a 
reasonable  time  as  determined  by  the  state  engineer  within 
which  to  complete  all  necessary  surveys,  maps,  plans,  drawing 
and  specification  and  after  the  approval  thereof  by  the  state 
engineer  shall  have  the  benefit  of  the  extensions  of  time  pro- 
vided for  in  this  article,  in  which  to  complete  construction  and 
apply  the  water  to  a  beneficial  use. 

Act  of  Mar.  18,  '9;  L.  '09,  C.  130,  §1. 

Sec.  86.  (Sec.  2,  Chap.  130,  Laws  1909.)  This  act  shall  take 
effect  from  and  after  its  passage. 

Sec.  87.  (Sec.  1,  Chap.  20,  Laws  1919.)  Whenever  a  majori- 
ty of  the  resident  freeholders  owning  more  than  one-half  of 
the  lands  or  the  evidence  of  title  to  lands  so  owned  in  any 
district  in  the  State  of  New  Mexico,  desire  to  provide  for  the 
irrigation  of  the  same  in  co-operation  with  the  United  States 
under  the  federal  reclamation  law,  or  other  federal  laws,  for 
the  purpose  of  the  construction  of  irrigation  works,  including 
drainage  works,  necessary  to  maintain  the  irrigability  of  lands 
within  any  such  district,  or  for  the  purchase,  extension,  oper- 
ation or  maintenance  of  constructed  works,  or  for  the  assump- 
tion as  principal  or  guarantor  of  indebtedness  to  the  United 
States  on  account  of  district  lands,  they  may  propose  the  or- 
ganization of  an  irrigation  district  under  the  provisions  of  this 
act.  When  so  organized,  each  district  shall  have  the  powers 

—  35  — 


conferred  by  law,  or  that  may  be  conferred  by  law,  upon  each 
irrigation  district.  Resident  entrymen  upon  public  lands  of  the 
United  States,  who  are  qualified  electors,  shall  be  considered 
as  resident  freeholders  for  the  purposes  of  this  act,  and  shall  be 
qualified  petitioners  for  the  organization  of  an  irrigation  dis- 
trict, and  shall  share  all  privileges  and  obligations  of  private 
land  owners  within  the  district  subject  to  the  terms  of  the 
Act  of  Congress  approved  August  11,  1916,  entitled  "An  Act 
to  Promote  the  Reclamation  of  Arid  Lands."  Provided,  that 
where  ditches,  canals  or  reservoirs  have  been  constructed  be- 
fore March  18,  1909,  such  ditches,  canals,  reservoirs  and  fran- 
chises and  the  lands  irrigated  therefrom  shall  be  exempt  from 
the  operations  of  this  act;  except  such  district  be  formed  to 
purchase,  acquire,  lease  or  rent  such  ditches,  canals,  reservoirs 
and  their  franchises;  or  unless  a  statement  signed  by  at  least 
four-fifths  in  number  of  the  owners  of  any  such  ditch,  canal,  or 
reservoir  and  of  the  franchise  and  water  rights  thereof  and 
the  lands  irrigated  therefrom  be  filed  with  the  Board  or 
Boards  of  County  Commissioners  of  the  county  or  counties  in 
which  such  ditch,  canal,  reservoir  and  lands  are  situate,  giving 
their  consent  that  such  ditch,  canal,  reservoir,4  franchise,  water 
rights  and  lands  may  be  included  in  one  or  more  irrigation  dis- 
tricts, organized  or  to  be  organized  under  the  provisions  of  this 
act. 

Districts  organized  under  this  act  shall  have  the  following 
incidental  powers :  To  take  over  the  assets  and  assume  the  lia- 
bilities of  water  users'  associations  organized  for  co-operation 
'with  the  United  States  under  the  provisions  of  the  Act  of  Con- 
gress approved  June  17,  1902,  (32  Stat.,  388)  and  acts  amen- 
datory thereof,  in  case  a  majority  of  the  lands  of  each  associa- 
tion shall  be  within  such  district,  subject  to  the  provision  that 
the  shareholders  of  such  association  shall  by  vote,  as  provided 
by  their  articles  of  incorporation  and  by-laws,  assent  and  agree 
that  such  assets  and  liabilities  shall  be  so  taken  over;  to  con- 
struct, operate,  lease  and  control  plants  for  the  generation,  dis- 
tribution, sale  and  lease  of  electrical  energy,  including  the  sale 
to  municipalities,  corporations,  firms  or  individuals  of  the 
electrical  energy  so  generated ;  to  promote  the  agricultural  re- 
sources and  marketing  facilities  of  the  district,  and  to  make 
any  appropriation  of  money,  or  to  take  any  and  all  other  action 
necessary  to  effectuate  the  purposes  here  enumerated. 

Sec.  88.  (Sec.  2,  Chap.  20,  Laws  1919.)  Nothing  in  the  pre- 
ceding section  shall  be  construed  to  in  any  manner  affect  the 
rights  of  water  users  under  community  ditches  in  towns  or 
villages  in  this  State  as  to  their  voting  power  in  determining 
whether  any  such  ditch  shall  be  included  in  an  irrigation  dis- 
trict, and  each  of  said  water  users  shall  have  the  same  right 

—  36  — 


and  voice  in  determining  such,  question  and  in  the  signing  of 
the  statement  provided  for  in  section  1  as  he  has  in  the  con- 
trol and  management  of  such  ditch. 

Sec.  89.  (Sec.  3,  Chap.  20,  Laws  1919.)  For  the  purpose 
of  the  establishment  of  an  irrigation  district  as  provided  by 
this  Act,  a  petition  shall  be  filed  with  the  Board  of  County 
Commissioners  of  the  county  which  embraces  the  largest  acre- 
age of  the  proposed  district ;  said  petition  shall  state  that  it  is 
the  purpose  of  petitioners  to  organize  an  irrigation  district, 
under  the  provisions  of  this  Act;  said  petition  shall  also  con- 
tain a  general  description  of  the  boundaries  of  such  proposed 
district,  the  means  proposed  to  supply  water  for  the  irrigation 
of  the  lands  embraced  therein,  the  name  proposed  for  such 
district  and  shall  select  a  committee  of  three  of  said  petition- 
ers to  present  such  petition  to  the  Board  of  County  Commis- 
sioners as  provided  by  law,  praying  that  the  said  board  define 
and  establish  the  boundaries  of  said  proposed  district  and 
submit  the  question  of  the  final  organization  of  the  same  to  the 
vote  of  the  qualified  ejectors  resident  within  said  proposed  dis- 
trict ;  said  petition  shall  be  signed  by  a  majority  of  the  resident 
freeholders  within  said  proposed  district,  and  who  shall  also  be 
the  owners  in  the  aggregate  of  the  majority  of  the  whole  num- 
ber of  acres  belonging  to  the  resident  freeholders  within  the 
said  proposed  district.  The  said  petition  shall  also  be  accompa- 
nied by  a  good  and  sufficient  bond,  to  be  approved  by  said 
Board  of  County  Commissioners  in  double  the  amount  of  the 
probable  cost  of  organizing  such  district,  conditioned  for  the- 
payment  of  all  costs  incurred  in  said  proceedings  in  case  said 
organization  shall  not  be  effected,  but  in  case  such  organiza- 
tion is  so  effected,  then  said  expenses  incurred  by  the  Board 
of  County  Commissioners  shall  be  paid  back  to  said  county  by 
said  district.  Such  petition  shall  be  published  once  each  week 
for  four  successive  weeks  in  some  newspaper  of  general  circu- 
lation printed  and  published  in  each  county  wherein  shall  be 
situate  any  lands  proposed  to  be  embraced  in  any  such  dis- 
trict, together  with  a  notice  signed  by  the  committee  of  said 
petitioners  designated  in  the  petition  for  that  purpose,  giving 
the  time  and  place  of  presentation  of  the  same  to  the  said  Board 
of  County  Commissioners. 

Sec.  90.  (Sec.  4,'  Chap.  20,  Laws  1919.)  All  publications 
required  by  this  Act  shall  be  made  both  in  English  and  Span- 
ish and  in  every  instance  the  last  publication  shall  be  made 
not  less  than  three  days  before  the  time  fixed  by  such  publica- 
tion for  the  taking  of  the  action  therein  mentioned. 

Sec.  91.  (Sec.  5,  Chap.  20,  Laws  1919.)  When  such  petition 
is  presented  and  it  shall  appear  that  the  notice  of  the  presenta- 
tion of  said  petition  has  been  given  as  required  by  law,  and 
that  said  petition  has  been  signed  by  the  requisite  number  of 

—  37  — 


petitioners  as  required  by  this  Act,  the  commissioners  shall 
then  proceed  to  define  the  boundaries  of  said  proposed  district 
from  said  petition  and  from  such  application  for  the  exclu- 
sion of  lands  therefrom  and  the  inclusion  of  lands  therein  as 
may  be  made  in  accordance  with  the  intent  of  this  Act;  they 
may  adjourn  such  examination  from  time  to  time  not  exceed- 
ing three  weeks  in  all  and  shall  by  final  order  duly  entered 
define  and  establish  the  boundaries  of  such  proposed  district; 
provided,  that  the  said  board  shall  not  modify  such  proposed 
boundaries  described  in  the  petition  so  as  to  change  the  ob- 
jects of  said  petition  or  so  as  to  exempt  from  the  operation 
of  this  Act  any  land  within  the  boundaries  proposed  by  the 
petition  susceptible  to  irrigation  by  the  same  system  of  water 
works  applicable  to  other  lands  in  such  proposed  district ;  nor 
shall  any  land  which  will  not  in  the  judgment  of  the  board  be 
benefited  by  such  proposed  water  system  be  incuded  in  such 
district  if  the  owner  or  entryman  thereof  shall  make  applica- 
tion at  such  hearing  to  withdraw  the  same ;  provided,  also,  that 
the  contiguous  lands  not  included  in  said  proposed  district  as 
described  in  the  petition  may  upon  application  of  the  owner  or 
owners  be  included  in  such  district  upon  such  hearing,  in  the 
event  that  it  shall  be  determined  that  the  water  supply  for  such 
additional  lands  is  available  and  that  in  other  respects  it  is 
feasible  for  the  lands  of  the  petitioners  to  be  included  within 
such  district. 

When  the  boundaries  of  any  proposed  district  shall  have 
been  examined  and  defined  as  aforesaid  the  County  Commis- 
sioners shall  forthwith  make  an  order  allowing  the  prayer  of 
said  petition,  defining  and  establishing  the  boundaries  and  des- 
ignating the  name  of  such  proposed  district.  Thereupon  the 
said  commissioners  shall  by  further  order  duly  entered  upon 
their  record  call  an  election  of  the  qualified  electors  of  said 
district  to  be  held  for  the  purpose  of  determining  whether 
such  district  shall  be  organized  under  the  conditions  of  this 
Act,  and  by  such  order  shall  submit  the  names  of  one  or  more 
persons  from  each  of  the  divisions  of  said  district  as  herein- 
after provided  to  be  voted  for  as  directors  therein  and  for  the 
purpose  of  said  election  shall  divide  said  district  into  divisions, 
in  number  as  hereinafter  designated,  as  nearly  equal  in  size  as 
may  be  practical  and  shall  provide  that  one  qualified  elector  of 
each  of  said  divisions  shall  be  elected  as  a  member  of  the  board 
of  directors  of  said  district  by  the  qualified  electors  of  the 
whole  district.  The  Board  of  County  Commissioners  shall  es- 
tablish and  define  a  convenient  number  of  election  precincts 
and  designate  polling  places,  subject  to  amendment  by  the 
Board  of  Directors  for  subsequent  elections;  and  three  judges 
shall  be  appointed  for  each  of  said  precincts,  one  of  whom 

—  38  — 


shall  act  as  clerk  of  said  election ;  provided,  that  in  the  hearing 
of  any  such  petition  the  Board  of  County  Commissioners  shall 
disregard  any  informality  therein,  -and  in  case  they  deny  the 
same  or  dismiss  it  for  any  reason  on  account  of  the  provisions 
of  this  Act  not  having  been  complied  with,  which  are  the  only 
reasons  upon  which  they  shall  have  a  right  to  refuse  or  dismiss 
the  same,  they  shall  state  their  reasons  in  writing  therefor  in 
detail,  which  shall  be  entered  upon  their  records  and  in  case 
these  reasons  are  not  well  founded,  a  writ  of  mandamus  shall, 
upon  proper  application  therefor,  issue  out  of  the  District 
Court  of  said  county,  compelling  them  to  act  in  compliance 
with  this  Act,  which  writ  shall  be  heard  within  twenty  days 
from  the  date  of  its  issuance.  The  officers  of  such  district 
shall  consist  of  the  directors,  a  secretary  and  a  treasurer.  The 
directors  and  divisions  of  irrigation  districts  shall  be  in  num- 
ber, for  districts  having  an  irrigable  area  of  twenty-five  thous- 
and acres  or  less,  three ;  for  districts  having  an  irrigable  area 
of  more  than  twenty-five  thousand  acres  and  not  more  than 
fifty  thousand  acres,  five;  for  districts  having  an  irrigable 
area  of  more  than  fifty  thousand  acres  and  less  than  seventy- 
five  thousand  acres,  seven;  and  for  districts  having  an  irriga- 
ble area  of  seventy-five  thousand  acres  or  more,  nine  directors 
and  divisions. 

Sec.  92.  (Sec.  6,  Chap.  20,  Laws  1919.)  The  Board  of 
County  Commissioners  shall  thereupon  cause  notice  embodying 
said  orders  in  substance  signed  by  the  chairman  of  the  Board 
of  County  Comissioners  and  the  clerk  of  said  board  to  be  issued, 
given  and  published,  giving  public  notice  of  such  election,  the 
time  and  place  thereof  and  of  the  matters  submitted  to  the 
vote  of  the  electors;  said  notice  and  order  shall  be  published 
once  each  week  for  four  successive  weeks  prior  to  such  elec- 
tion in  a  newspaper  of  general  circulation  in  such  county, 
wherein  shall  be  situate  any  lands  proposed  to  be  embraced  in 
any  such  district.  At  said  election  or  elections  held  under  the 
provisions  of  this  act  the  following  persons  shall  be  deemed 
qualified  electors  and  none  others. 

(a)  All  resident  freeholders  over  the  age  of  twenty-one 
years  who  are  owners  of  land  within  the  district  or  of  evidence 
of  title  to  such  lands  and  who  are  citizens  of  the  United 
States. 

(b)  All  resident  entrymen  of  public  lands  within  such  dis- 
trict over  the  age  of  twenty-one  years  and  who  are  citizens  of 
the  United  States. 

Provided,  in  so  far  as  applicable  the  general  election  laws 
of  the  state,  except  requirements  for  registration,  and  except 
as  in  this  act  otherwise  provided,. shall  govern  all  elections  un- 
der this  act.  The  ballots  to  be  used  and  cast  at  such  election 

—  39  — 


for  the  formation  of  such  district  shall  be  substantially  as  fol- 
lows: "Irrigation  District ,  Yes/'  and  Irrigation 

_ ,  No,"  or  words  equivalent  thereto;  each  elector  may 

vote  for  one  director  from  each  division  and  shall  indicate  his 
vote  by  placing  a  marginal  cross  upon  the  ballot  for  or  against 
any  question  submitted  and  opposite  thereto  at  any  election 
held  under  this  act.  At  the  election  for  the  formation  of  any 
irigation  district  and  at  any  other  election  for  directors  at 
which  other  questions  are  simultaneously  submitted  separate 
ballots  for  the  election  of  directors  shall  be  used.  In  such 
event  such  separate  ballots  for  the  election  of  directors  shall 
be  substantially  as  follows: 

' '  FOR  DIRECTORS  FOR DISTRICT ' ' 

(Inserting  name  of  district) 

"For  Director  from  Division  No.  1. 

» 

(The  name  of  the  person  voted  for  to  be  inserted  by 

the  voter.)  . 
"For  Director  from  Division  No.  2 

n 

(The  name  of  the  person  voted  for  to  be  inserted  by 
the  voter.) 

and  serially  thereafter  to  the  number  of  directors  to  be  chosen. 
At  all  elections  for  directors  the  persons  receiving  a  plurality 
of  the  votes  cast  by  the  qualified  electors,  for  directors  from 
the  several  divisions  respectively,  shall  be  declared  elected.  At 
any  election  held  for  the  formation  of  an  irrigation  district 
under  the  provisions  of  this  act  or  at  any  election  held  by  any 
such  district  after  its  formation  for  the  purpose  of  voting  upon 
a  proposition  to  issue  bonds,  or  to  enter  into  any  contract  creat- 
ing any  indebtedness  in  an  amount  equivalent  in  the  aggregate 
to  more  than  twenty-five  cents  per  acre  upon  all  district  lands, 
or  to  create  any  indebtedness  in  excess  of  such  amount,  no  such 
district  shall  be  formed  and  no  such  proposition  shall  be  deemed 
to  be  authorized  or  approved  unless  there  shall  be  cast  in  favor 
thereof  a  majority  of  the  votes  of  the  resident  freeholders  with- 
in the  district  who  are  the  owners  in  the  aggregate  of  a  majori- 
ty of  the  whole  number  of  acres  belonging  to  the  resident  free-* 
holders  within  said  district  or  the  evidence  of  title  to  which  is 
held  by  such  resident  freeholders, — including  resident  entrymen 
on  public  lands  within  such  districts,  who  are  qualified  electors 
as  by  this  act  defined.  At  any  election  for  the  formation  of  an 
irrigation  district  or  for  the  purpose  of  voting  upon  a  proposi- 
tion involving  the  issuance  of  bonds,  or  the  contracting  or 
creating  of  an  indebtedness  in  excess  of  the  amount  last  here- 
inabove  prescribed  voting  by  mail  shall  be  permisible.  Any 
qualified  elector  as  defined  by  this  section  desiring  to  vote  by 

—  40  — 


mail  may  do  so  by  preparing  his  ballot  in  the  manner  pre- 
scribed by  this  act,  affixing  his  signature  thereto  and  mailing 
the  same  in  a  sealed  envelope  postpaid  to  the  secretary  of  the 
district,  or  he  may  deliver  or  cause  to  be  delivered  such  envel- 
ope containing  his  ballot  to  such  secretary.  Such  ballots 
may  be  thus  prepared,  signed  and  mailed  or  delivered  as  afore- 
said at  any  time  after  the  comencement  of  the  publication  of 
notice  of  any  such  election  and  shall  be  so  mailed  and  delivered 
prior  to  the  time  fixed  by  law  for  the  closing  of  the  polls.  All 
such  ballots  shall  be  safely  kept  by  the  secretary  of  the  dis- 
trict until  the  time  prescribed  by  law  for  the  canvassing  of 
the  returns  of  such  elections,  when  they  shall  be  delivered  to 
the  canvassing  board  by  whom  they  shall  be  counted  in  like 
manner  and  at  the  same  time  as  votes  cast  at  the  polling  places 
designated  for  any  such  election.  At  the  time  of  delivery  of 
such  ballots  to  the  canvassing  board  the  secretary  shall  make 
and  subscribe  to  an  affidavit  setting  forth  the  number  of 
ballots  so  received,  that  same  were  duly  received  within  the 
time  herein  fixed,  that  same  are  all  of  the  ballots  so  received 
and  that  they  are  in  the  same  condition  as  when  received. 

Thirty  days  prior  to  any  election  under  this  act  the  Board 
of  Directors  shall  cause  to  be  printed  a  sufficient  number  of 
ballots  for  the  purpose  of  any  such  election,  and  within  five 
days  prior  to  any  such  election  shall  cause  a  sufficient  number 
of  such  ballots  to  be  delivered  to  one  of  the  election  judges  of 
each  division  or  precinct,  as  the  case  may  be.  Provided,  that 
at  all  times  during  said  period  of  thirty  days  there  shall  be 
in  the  hands  of  the  secretary  of  the  district  a  sufficient  number 
of  such  ballots  for  distribution  among  qualified  electors  desir- 
ing to  vote  by  mail  at  elections  wherein  such  voting  is  author- 
ized. And,  provided,  further,  that  at  any  election  for  the  for- 
mation of  an  irrigation  district  and  prior  to  the  designation 
and  qualification  of  a  secretary,  ballots  when  cast  by  mail,  or 
sealed  and  delivered,  as  before  provided,  shall  be  delivered  to 
the  county  clerk  of  the  county  in  which  is  situate  the  major 
portion  of  the  lands  within  the  proposed  district,  who  shall  be 
regarded  as  ex-officio  secretary  of  said  district  until  the  des- 
ignation and  qualification  of  a  secretary  as  provided  in  this 
act. 

Any  person  residing  within  any  county  in  which  any  por- 
tion of  an  irrigation  district  shall  lie  and  who  is  the  owner  of 
agricultural  lands  within  the  limits  of  the  district  shall  for  the 
purposes  of  this  act  be  considered  a  resident  freeholder. 

Sec.  92.  (Sec.  7,  Chap.  20,  Laws  1919.)  The  said  Board  of 
County  Commisisoners  shall  meet  on  the  second  Monday  next 
succeeding  such  election  and  proceed  to  canvass  the  votes  cast 
thereat ;  and,  if,  upon  such  canvass,  it  appears  that  a  majority 

—  41  — 


of  the  resident  freeholders  within  the  district  who  are  the 
owners  in  the  aggregate  of  a  majority  of  the  whole  number 
of  acres  belonging  to  the  resident  freeholders  within  said  dis- 
trict or  the  evidence  of  title  to  which  is  held  by  such  resident 
freeholders, — including  resident  entrymen  of  public  lands  with- 
in such  district,  who  are  qualified  electors,  have  voted  "  Irriga- 
tion District — Yes,"  the  said  board  shall,  by  order  entered  on 
their  minutes,  declare  such  territory  duly  organized  as  an  irri- 
gation district,  under  the  name  and  style  theretofore  designat- 
ed, and  shall  declare  the  persons  receiving,  respectively,  the 
highest  number  of  votes  for  such  several  offices  to  be  duly 
elected  to  such  office.  Said  board  shall  cause  a  copy  of  such 
order,  including  a  plat  of  said  district,  duly  certified  by  the 
Clerk  of  the  Board  of  County  Commissioners,  to  be  immediately 
filed  for  record  in  the  office  of  the  County  Clerk  of  each 
county  in  which  any  portion  of  such  lands  are  situated,  and 
no  board  of  county  commissioners  of  any  county,  including 
any  portion  of  such  district,  shall,  after  the  date  of  organi- 
zation of  such  district,  allow  another  district  to  be  formed, 
including  any  of  the  lands  of  such  district,  without  the  consent 
of  the  Board  of  Directors  thereof ;  and  from  and  after  the  date 
of  such  filing,  the  organization  of  such  district  shall  be  com- 
plete and  the  officers  thereof  shall  immediately  enter  upon 
the  duties  of  their  respective  offices  upon  qualifying  in  accor- 
dance with  law,  and  shall  hold  such  offices,  respectively,  until 
their  successors  are  elected  and  qualified. 

Sec  94.  (Sec.  8,  Chap.  20,  Laws  1919.)  The  regular  election 
of  said  district  shall  be  held  on  the  first  Tuesday  after  the 
first  Monday  in  December  in  each  second  calendar  year  there- 
after, at  which  said  officers  shall  be  elected.  The  person  re- 
ceiving the  highest  number  of  votes  for  any  office  to  be  filled 
at  such  election  is  elected  thereto.  Within  ten  days  after 
receiving  their  certificates  of  election,  hereinafter  provided 
for,  said  officers  shall  take  and  subscribe  the  official  oath 
and  file  the  same  in  the  office  of  the  County  Clerk  of  the 
county  where  the  organization  was  effected,  and  thereupon 
immediately  assume  the  duties  of  their  respective  offices.  Each 
member  of  said  Board  of  Directors  shall  execute  an  official 
bond  in  the  sum  of  three  thousand  dollars  ($3,000.00),  which 
bond  shall  be  approved  by  the  Chairman  of  the  Board  of 
County  Commissiones  of  said  county  where  such  organization 
was  effected,  and  shall  be  recorded  in  the  office  of  the  County 
Clerk  thereof.  All  official  bonds  herein  provided  for  shall  be 
in  form  prescribed  by  law  for  official  bonds  for  county  of- 
ficials, except  that  the  obligee  named  in  said  bond  shall  be  the 
said  district.  Premiums  upon  bonds  of  directors  and  also  the 
premium  upon  the  extra  amount  of  the  bond  required  to  be 

—  42  — 


given  by  the  treasurer  and  ex-pfficio  collector  acting  as  dis- 
trict treasurer  under  the  provisions  of  this  act  shall  be  paid 
by  the  district. 

Sec.  95.  (Sec.  9,  Chap.  20,  Laws  1919.)  The  office  of  the 
board  of  directors  shall  be  located  in  the  county  where  the 
organization  was  effected.  Fifteen  days  before  any  election 
held  under  this  chapter,  subsequent  to  the  organization  of  the 
district,  the  secretary  who  shall  be  appointed  by  the  board 
of  directors  shall  cause  notice  specifying  the  polling  places  of 
each  precinct  to  be  posted  in  three  public  places  in  each 
election  precinct,  of  the  time  and  place  of  holding  the  election, 
and  shall  also  post  a  general  notice  of  the  same  in  the  office 
of  said  board,  which  shall  be  established  and  kept  at  some 
fixed  place  to  be  determined  by  said  board  in  said  county. 
Prior  to  the  time  for  posting  the  notices,  said  board  must  ap- 
point from  each  precinct,  from  the  electors  thereof,  three  judg- 
es, one  of  whom  shall  act  as  clerk,  who  shall  constitute  a  board 
of  election  for  such  precinct.  If  the  board  fails  to  appoint  a 
board  of  election,  or  the  members  appointed  do  not  attend  the 
opening  of  the  polls  on  the  morning  of  election,  the  electors 
of  the  precinct  present  at  the  hour  may  appoint  the  board  or 
supply  the  place  of  an  absent  member  thereof.  The  board  of 
directors  must,  in  its  order  appointing  the  board  of  election, 
designate  the  hour  and  the  place  in  the  precinct  where  the 
election  must  be  held. 

Sec.  96.  (Sec.  10,  Chap.  20,  Laws  1919.)  One  of  the  judges 
shall  be  chairman  of  the  election  board  and  may:  First,  ad- 
minister all  oaths  required  in  the  progress  of  any  election; 
second,  appoint  jiudges  and  clerks,  if  during  the  progress  of 
the  election  any  judge  or  clerk  ceases  to  act.  Any  member 
of  the  board  of  election,  or  any  clerk  thereof,  may  administer 
and  certify  the  oaths  required  to  be  administered  during  the 
progress  of  an  election.  Before  opening  the  polls,  each  mem- 
ber of  the  board  must  take  and  subscribe  an  oath  to  faithfully 
perform  the  duties  imposed  on  them  by  law.  An  elector  of  the 
precinct  may  administer  and  certify  such  oath.  The  polls 
must  be  opened  at  8  o  'clock  in  the  morning  of  the  election  and 
be  kept  open  until  6  o'clock  P.  M.  of  the  same  day.  It  shall 
be  the  duty  of  the  clerk  of  the  board  of  election  to  forthwith 
deliver  the  return  duly  certified  by  the  board  of  directors  of 
the  district. 

Sec.  97.  (Sec.  11,  Chap.  20,  Laws  1919.)  No  lists,  tally 
paper,  or  certificates  returned  from  any  election  shall  be  set 
aside  or  rejected  for  want  of  form,  if  it  can  be  satisfactorily 
understood.  The  board  of  directors  must  meet  at  its  usual 
place  of  meeting  on  the  first  Monday  after  election  and  can- 
vass the  returns.  If  at  the  time  of  meeting  the  returns  from  each 

—  43  - 


precinct  in  the  district  in  which  the  polls  were  open  have  been 
received,  the  board  of  directors  must  then  and  there  proceed  to 
canvass  the  returns;  but  if  all  the  returns  have  not  been  re- 
ceived, the  canvass  must  be  postponed  from  day  to  day  until 
the  returns  have  been  received,  or  until  six  postponements 
have  been  had.  The  canvass  must  be  made  in  public  and  by 
opening  the  returns  and  counting  the  votes  of  the  districts 
for  each  person  voted  for,  and  declaring  the  results  thereof. 
The  board  shall  declare  elected  the  person  receiving  the  high- 
est number  of  votes  so  returned  for  each  office  and  also  de- 
clare the  result  of  any  question  submitted. 

Sec.  98.  (Sec.  12,  Chap.  20,  Laws  1919.)  The  secretary  of 
the  board  of  directors  must,  as  soon  as  the  result  of  any  elec- 
tion held  under  the  provisions  of  this  act  is  declared,  enter  in 
the  records  of  such  board  and  file  with  the  county  clerk  of 
the  county  in  which  the  office  of  said  district  is  located  a  state- 
ment of  such  results,  which  statements  must  show:  First,  a 
copy  of  the  published  notice  of  said  election;  second,  the 
names  of  the  judges  of  said  election;  third,  the  whole  number 
of  votes  cast  in  the  district  and  in  each  precinct  of  the  dis- 
trict; fourth,  the  names  of  the  persons  voted  for;  fifth  the 
number  of  votes  given  in  each  percinct  for  such  persons ;  sixth, 
the  number  of  votes  given  in  the  districts  for  each  of  such 
persons;  seventh,  the  names  of  the  persons  declared  elected; 
eigthth,  the  result  declared  on  any  question  submitted  in  ac- 
cordance with  the  majority  of  the  votes  cast  for  or  against 
such  question.  The  board  of  directors  must  declare  elected  the 
person  having  the  highest  number  of  votes  given  for  each  of- 
fice, and  also  the  result  of  any  question  submitted.  The  secre- 
tary must  immediately  make  out  and  deliver  to  such  person  a 
certificate  of  election,  signed  by  him  and  authenticated  with 
the  seal  of  the  board.  In  case  of  a  vacancy  in  the  board  of 
directors,  by  death,  removal,  or  inability,  from  any  cause,  to 
properly  discharge  the  duties  as  such  director,  the  vacancy 
shall  be  filled  by  appointment  by  the  remaining  members  of  the 
board,  and  upon  their  failure  or  inability  to  act  within  thirty 
days  after  such  vacancy  occurs,  then  upon  petition  of  five 
electors  of  said  district  the  Board  of  County  Commissioners  of 
the  county  where  the  office  of  said  board  of  directors  is  situate, 
shall  fill  such  vacancy  or  vacancies.  Any  director  appointed 
as  above  provided  shall  hold  his  office  until  the  next  general 
election  of  said  district,  and  until  his  successor  is  elected  and 
qualified. 

Sec.  99.  (Sec.  13,  Chap.  20,  Laws  1919.)  The  directors, 
having  duly  qualified,  shall  organize  a  board,  elect  a  persident 
from  their  number,  and  appoint  a  secretary.  The  board  shall 
have  power  and  it  shall  be  their  duty  to  adopt  a  seal,  manage 

—  44  — 


and  conduct  the  affairs  and  business  of  the  district,  make  and 
execute  all  necessary  contracts,  employ  such  agents,  attorneys, 
officers  and  employes  as  may  be  required  and  prescribe  their 
duties  and  establish  equitable  rules  and  regulations  for  the 
distribution  and  use.  of  water  among  the  owners  of  said  land. 
The  Board  may  make  such  investigations,  and  based  there- 
on, such  representations  and  assurances  to  the  Secretary  of  the 
Interior,  as  may  be  requisite  under  the  said  act  of  Congress  of 
August  11,  1916.  The  Board  shall  generally  perform  all  such 
acts  as  shall  be  necessary  to  fully  carry  out  the  purposes  of  this 
act.  Said  Board  may  also  enter  into  any  obligation  or  contract 
with  the  United  States  for  the  construction,  operation  and 
maintenance  of  the  necessary  works  for  the  delivery  and  dis- 
tribution of  water  therefrom  or  for  drainage  of  district  lands, 
or  for  the  assumption,  as  principal  or  guarantor  of  indebted- 
ness to  the  United  States  on  account  of  district  lands,  or  for  the 
temporary  rental  of  water  under  the  provisions  of  this  act 
and  of  the  Federal  Reclamation  Law  and  all  acts  amendatory 
thereof  or  supplementary  thereto,  and  the  rules  and  regulations 
established  thereunder;  or  the  Board  may  contract  with  the 
United  States  for  a  water  supply  under  any  act  of  Congress 
providing  for  or  permitting  such  contract,  and  in  case  con- 
tract has  been  or  may  hereafter  bp  made  with  the  United 
States  as  herein  provided,  bonds  of  the  district  may  be  de- 
posited with  the  United  States  at  ninety-five  per  cent  of  their 
par  value  to  the  amount  to  be  paid  by  the  district  to  the 
United  States  under  any  such  contract,  the  interest  on  said 
bonds  to  be  provided  for  by  assessment  and  levy  as  in  the  case 
of  other  bonds  of  the  district,  and  regularly  paid  to  the  United 
States  to  be  applied  as  provided  in  such  contract,  and  if  bonds 
of  the  district  are  not  so  deposited  it  shall  be  the  duty  of  the 
Board  of  Directors  to  include  as  part  of  any  levy  or  assess- 
ment now  provided  for  by  law,  an  amount  sufficient  to  meet 
each  year  all  payments  accruing  under  the  terms  of  any 
such  contract;  provided,  however,  that  no  irrigation  district 
formed  wholly  or  in  part  upon  any  Federal  Reclamation  Pro- 
ject partially  or  wholly  constructed  at  the  time  of  the  ap- 
proval of  this  act  shall  have  the  power  to  issue  interest-bearing 
btmds  to  be  deposited  with  the  United  States  nor  shall  interest 
be  paid  upon  any  other  obligation  entered  into  between  any 
such  district  and  the  United  States  prior  to  the  date  when  the 
same  shall  become  due;  and  the  Board  may  accept  on  behalf 
of  the  district,  appointment  of  the  district  as  fiscal  agent  of  the 
United  States  or  authorization  of  the  district  by  the  United 
States  to  make  collection  of  monies  for  or  on  behalf  of  the 
United  States  in  connection  with  any  Federal  reclamation  pro- 
ject, whereupon  the  district  shall  be  authorized  so  to  act  and  to 
assume  the  duties  and  liabilities  incident  to  such  action,  and 

—  45  — 


the  said  Board  shall  have  full  power  to  do  any  and  all  things 
required  by  the  Federal  Statutes  now  or  hereafter  enacted  in 
connection  therewith,  and  all  things  required  by  the  rules  and 
regulations  now  or  that  may  hereafter  be  established  by  any 
department  of  the  Federal  government  in  regard  thereto.  Dis- 
tricts co-operating  with  the  United  States  may  rent  or  lease 
water  to  lands  of  entrymen  or  municipalities  in  the  neighbor- 
hood of  the  district  in  pursuance  of  contract  with  the  United 
States. 

Said  Board  shall  have  the  power  in  addition  to  the  means 
to  supply  water  to  said  district,  to  construct,  acquire  or  pur- 
chase any  and  all  canals,  ditches,  reservoirs,  reservoir  sites, 
water,  water  rights,  rights  of  way,  or  other  property  necessary 
for  the  use  of  the  district.  In  case  of  the  purchase  of  any 
property  by  said  district,  the  bonds  of  the  district  hereinafter 
provided  for  may  be  used  at  their  par  value  in  payment  with- 
out previous  offer  of  such  bonds  for  sale. 

All  waters  distributed  shall  be  apportioned  to  each  land 
owner  or  entryman  pro  rata  to  the  lands  assessed  under  this 
act  within  such  district.  The  Board  of  Directors  shall  have 
the  power  to  lease  or  rent  the  use  of  water  or  electrical  energy 
or  contract  for  the  delivery  thereof  to  occupants  of  other  lands 
or  municipalities  within  or  without  the  said  district  at  such 
prices  and  upon  such  terms  as  they  deem  best,  but  the  rental 
shall  not  be  less  than  one  and  one-half  times  the  amount  of  the 
district  tax  for  which  said  lands  would  be  liable  if  included  in 
the  district  lands  assessed  under  this  act;  Provided,  no  vested 
or  prescriptive  rights  to  the  use  of  such  water  shall  attach  to 
said  land  by  virtue  of  such  lease  or  such  rental.  And,  provided 
further,  no  rules  shall  be  prescribed  or  regulations  enforced 
which  shall  interfere  with  the  vested  rights  of  any  water  user 
or  with  the  exercise  of  such  rights  of  any  such  water  user. 

Any  land  owner  or  entryman  in  said  district  may  with  the 
consent  of  the  Board  of  Directors  assign  the,  right  to  the  whole 
or  any  portion  of  the  water  so  apportioned  to  him  for  any  one 
year  where  practicable  to  any  other  bona  fide  land  owner ;  pro- 
vided, such  owner  or  entryman  shall  have  paid  all  amounts  due 
on  assessments  upon  all.  such  lands. 

Provided,  further,  that  all  water  the  right  to  use  of  which 
is  acquired  by  the  district  under  any  contract  with  the  United 
States  shall  be  distributed  and  apportioned  by  the  district  in 
accordance  with  the  Acts  of  Congress  and  rules  and  regulations 
of  the  Secretary  of  the  Interior,  and  the  provisions  of  said  con- 
tract in  relation  thereto. 

The  rules  provided  in  this  section,  as  soon  as  adopted,  or 
furnished  by  the  Secretary  of  the  Interior,  as  the  case  may  be, 
shall  be  printed  in  convenient  form  for  distribution  in  the 
district. 

—  46  — 


^.  100.  (Sec.  14,  Chap.  20,  Laws  1919.)  The  Board  of 
Directors  shall  hold  a  regular  quarterly  meeting  in  their  office 
on  the  first  Tuesday  in  January,  April,  July  and  October,  and 
such  special  meeting  as  may  be  required  for  the  proper  trans- 
action of  business.  All  special  meetings  shall  be  called  by  the 
president  of  the  board  or  a  majority  of  the  directors.  All 
meetings  of  the  board  must  be  public,  and  a  majority  of  the 
board  shall  constitute  a  quorum  for  the  transaction  of  business. 
All  records  of  the  board  must  be  open  to  the  inspection  of 
any  elector  during  the  business  hours.  And  in  case  any  district 
is  appointed  fiscal  agent  of  the  United  States  or  by  the  United 
States  is  authorized  to  make  collections  for  or  on  behalf  of  the 
United  States  in  connection  with  any  Federal  irrigation  pro- 
ject, such  Boards  of  Directors  or  the  secretary  thereof  shall  at 
any  time  allow  any  officer  or  employe  of  the  United  States, 
when  acting  under  the  order  of  the  Secretary  of  the  Interior, 
to  have  access  to  all  books,  records  and  vouchers  of  the  district 
which  are  in  possession  or  control  of  the  Secretary  or  of  said 
Board.  The  Board,  its  agents,  and  employes  shall  have  the 
right  to  enter  upon  any  land  in  the  district  to  make  surveys 
and  to  locate  any  canal  or  canals  and  the  necessary  laterals. 
Said  Board  shall  also  have  the  right  to  acquire  all  lands,  water 
rights,  franchises  and  other  property  necessary  for  the  con- 
struction, use,  maintenance,  repair  and  improvement  of  its 
canals,  ditches,  reservoirs  and  water  works;  and  shall  also 
have  the  right  by  purchase  or  condemnation  to  acquire  right- 
of-way  for  the  construction,  enlargement,  extension  or  improve- 
ment of  any  of  its  ditches,  canals,  reservoirs,  or  other  necessary 
works. 

Sec.  101.  (Sec.  15,  Chap.  20,  Laws  1919.)  The  title  to  all 
property  acquired  under  the  provisions  of  this  act  shall  im- 
mediately and  by  operation  of  law  vest  in  such  irrigation  dis- 
trict, in  its  corporate  name,  and  shall  be  held  by  such  district 
in  trust  for,  and  is  hereby  dedicated  and  set  apart  for  the 
uses  and  purposes  set  forth  in  this  act,  and  shall  be  exempt 
from  all  taxation ;  and  said  board  is  authorized  and  empowered 
to  hold,  use,  acquire,  manage,  occupy  and  possess  said  property 
as  herein  provided;  provided,  that  when  any  district  contem- 
plated in  this  act  shall  find  it  necessary  to  procure  and  ac- 
quire a  supply  of  water  from  outside  the  boundaries  of  this 
state,  then  and  in  such  event  it  shall  be  lawful  for  said  dis- 
trict to  contract  and  pay  for  the  same  in  the  same  manner  as 
other  property  acquired  by  the  district  is  purchased  and  paid 
for :  Provided,  further,  that  any  property  acquired  by  the  dis-/ 
trict  may  be  conveyed  to  the  United  States  in  so  far  as  the. 
same  may  be  needed  for  the  construction,  operation  and  main^ 
tenance  of  works  by  the  United  States  for  the  benefit  of  the 
district  under  any  contract  that  may  be  entered  into  by  the 
United  States  pursuant  to  this  act. 

—  47  — 


Sec.  102.  (Sec.  16,  Chap.  20,  Laws  1919.)  The  said  board  is 
hereby  authorized  and  empowered  to  take  conveyances  or  as- 
surances for  all  property  acquired  by  it  under  the  provisions 
of  this  act  in  the  name  of  such  irrigation  district  to  and  for  the 
purpose  herein  expressed,  and  to  institute  and  maintain  any 
and  all  actions  and  proceedings,  suits  at  law  or  in  equity, 
necessary  or  proper  in  order  to  fully  carry  out  the  provisions 
of  this  act,  or  to  enforce,  maintain,  protect  or  preserve  any  of 
the  rights,  privileges  and  immunities  created  by  this  act  or  ec-. 
quired  in  pursuance  thereof.  And  in  all  courts,  actions,  suits, 
or  proceedings  the  said  board  may  sue,  appear  and  defend 
in  person  or  by  attorneys  and  in  the  name  of  such  irrigation 
district.  Judicial  notice  shall  be  taken  in  all  actions,  suits 
and  judicial  proceedings  in  any  court  of  this  State  of  the  or- 
ganization and  existence  of  any  irrigation  district  of  this 
State  now  or  hereafter  organized,  from  and  after  the  filing 
for  record  in  the  office  of  the  county  clerk  of  the  certified 
copy  of  the  order  of  the  Board  of  County  Commissioners  men- 
tioned in  Section  7,  and  a  certified  copy  of  said  order  shall  be 
prima  facie  evidence  in  all  actions,  suits  and  proceedings  in 
any  court  of  this  State  of  the  regularity  and  legal  sufficiency 
of  all  acts,  matters  and  proceedings  therein  recited  and  set 
forth ;  and  any  such  irrigation  district,  in  regard  to  which  any 
such  order  has  been  heretofore  or  may  hereafter  be  entered 
and  such  certified  copy  thereof,  so  filed  for  record,  and  which 
has  exercised  or  shall  exercise  rights  and  powers  of  such  dis- 
trict, and  shall  have  had  or  shall  have  in  office  a  board  of 
directors  exercising  the  duties  of  their  office  and  the  legality 
or  regularity  of  the  formation  or  organization  whereof  shall 
not  have  been  questioned  by  proceedings  in  quo  warranto  in- 
stituted in  the  district  court  of  the  county  in  which  such  dis- 
trict or  the  greater  portion  thereof  is  situated  within  one  year 
from  the  date  of  such  filing,  shall  be  conclusively  deemed  to 
be  a  legally  and  regularly  organized  ,established  and  existing 
irrigation  district  within  the  meaning  of  this  act  and  its  due 
and  lawful  formation  and  organization  shall  not  thereafter  be 
questioned  an  any  action,  suit  or  proceeding  whether  brought 
under  the  provisions  of  this  act  or  otherwise. 

Sec.  103.  (Sec.  17,  Chap.  20,  Laws  1919.)  For  the  purpose  of 
constructing  or  purchasing  or  acquiring  necessary  reservoir 
sites,  reservoirs,  water  rights,  canals,  ditches  and  works,  and 
acquiring  the  necessary  property  and  rights  therefor,  for  the 
assumption  of  indebtedness  to  the  United  States  for  district 
lands,  for  the  purpose  of  paying  the  first  year's  interest  upon 
the  bonds  herein  authorized,  and  otherwise  carrying  out  the 
provisions  of  this  act,  the  board  of  directors  of  any  such  district, 
shall,  as  soon  after  such  district  has  been  organized  as  may  be 
practicable,  estimate  and  determine  the  amount  of  money  nec- 

—  48  — 


essary  to  be  raised,  or  amount  of  indebtedness  necessary  to  be 
assumed  for  such  purposes,  and  shall  forthwith  call  a  special 
election,  at  which  election  shall  be  submitted  to  the  electors  of 
such  district  possessing  the  qualifications  prescribed  by  this 
act  the  question  of  whether  or  not  the  bonds  of  said  district 
shall  be  issued  in  the  amount  so  determined  or  whether  or  not 
contract  shall  be  entered  into  with  the  United  States  as  herein 
provided.  A  notice  of  such  election  must  be  given  by  posting 
notices  in  three  public  places  in  each  election  precinct  in  said 
district  for  at  least  twenty  days,  and  also  by  publication  of 
such  notice  in  some  newspaper  of  general  circulation  published 
in  each  county  wherein  shall  be  situate  any  lands  within  the 
district  once  each  week  for  at  least  four  successive  weeks.  Such 
notice  shall  specify  the  time  of  holding  the  election,  the  amount 
of  bonds  proposed  to  be  issued;  and  said  election  must  be 
held  and  the  result  thereof  determined  and  declared  in  all 
respects  as  nearly  as  possible  in  conformity  with  the  pro- 
visions of  this  act;  provided,  that  no  informalities  in  conduct-* 
ing  such  election  shall  invalidate  the  same  if  the  election  shall 
have  been  otherwise  fairly  conducted.  At  such  election  the 
ballots  shall  contain  the  words  " Bonds — Yes"  and  " Bonds — 
No"  or  "Contract— Yes"  and  "Contract — No",  or  words 
equivalent  thereto.  If  any  such  election  shall  carry  in  con- 
formity with  the  provisions  of  this  act,  the  Board  of  Directors 
shall  immediately  cause  bonds  in  such  amount  to  be  issued, 
or  contract  made  with  the  United  States.  If  bonds  are  not  to 
be  deposited  with  the  United  States  in  connection  with  such 
contract,  bonds  need  not  be  issued,  or  if  required  for  the  con- 
struction fund  in  addition  to  such  contract,  bonds  shall  be 
issued  only  for  the  amount  needed  in  addition  to  such  con- 
tract ;  bonds,  other  than  those  deposited  with  the  United  States, 
when  required,  shall  be  issued  and  payable  in  series  as  fol- 
lows, to- wit: 

At  the  expiration  of  eleven  years,  not  less  than  five  per 
cent  of  the  whole  amount  and  number  of  said  bonds;  at  the 
expiration  of  twelve  years,  not  less  than  six  per  cent  of  the 
whole  amount  and  number  of  said  bonds ;  at  the  expiration  of 
thirteen  years,  not  less  than  seven  per  cent  of  the  whole 
amount  and  number  of  said  bonds;  at  the  expiration  of  four- 
teen year,  not  less  than  eight  per  cent  of  the  whole  amount 
and  number  of  said  bonds;  at  the  expiration  of  fifteen  years, 
not  less  than  nine  per  cent  of  the  whole  amount  and  number 
of  said  bonds ;  at  the  expiration  of  sixteen  years,  not  less  than 
ten  per  cent  of  the  whole  amount  and  number  of  said  bonds; 
at  the  expiration  of  seventeen  years,  not  less  than  eleven  per 
cent  of  the  whole  amoujit  and  number  of  said  bonds;  at  the 
expiration  of  eighteen  years,  not  less  than  thirteen  per  cent  of 
of  the  whole  amount  and  number  of  said  bonds;  at  the  ex- 

—  49  — 


piration  of  nineteen  years,  not  less  than  fifteen  per  cent  of  the 
whole  amount  and  number  of  said  bonds ;  at  the  expiration  of 
twenty  years,  a  percentage  sufficient  to  pay  off  the  remainder 
of  said  bonds,  that  the  several  enumerated  percentages  be  of 
the  entire  amount  of  the  bond  issue;  that  each  bond  must  be 
payable  at  the  given  time  for  its  entire  amount,  and  not  for  a 
percentage;  that  said  bonds  shall  bear  interest  at  the  rate 
of  not  to  exceed  six  per  cent  per  annum,  payable  semi-annually 
on  the  first  days  of  June  and  December  of  each  year.  The 
principal  and  interest  shall  be  payable  at  the  office  of  the 
County  Treasurer  of  the  county  in  which  the  organization  of 
the  district  was  effected  as  aforesaid,  and  at  such  other  place 
as  the  Board  of  Directors  may  designate  in  such  bond.  Said 
bonds  shall  be  each  of  the  denomination  of  not  less  than  one 
hundred  dollars  ($100),  nor  more  than  five  hundred  dollars 
($500),  shall  be  negotiable  in  form,  executed  in  the  name  of  the 
district  and  signed  by  the  president  and  secretary  and  the  seal 
of  the  district  shall  be  affixed  thereto.  Provided,  that  bonds 
deposited  with  the  United  States  may  be  of  such  denomina- 
tions, and  may  call  for  the  repayment  of  the  principal  at  such 
times  as  may  be  agreed  upon  between  the  board  and  the  Sec- 
retary of  the  Interior,  and  where  issued  for  the  construction  of 
projects  hereafter  undertaken  may  call  for  the  payment  of  in- 
terest not  exceeding  six  per  cent  per  annum;  and  where  con- 
tract is  made  and  bonds  are  not  deposited  with  the  United 
States,  a  contract  may  likewise  call  for  the  repayment  of  prin- 
cipal at  such  times  as  may  be  agreed  upon.  Said  bonds  shall 
be  numbered  consecutively  as  issued,  and  bear  date  at  the  time 
of  their  issue.  Coupons  for  the  interest  shall  be  attached  to 
each  bond  bearing  the  lithographed  signatures  of  the  presi- 
dent and  the  secretary.  Said  bonds  shall  express  on  their 
face  that  they  are  issued  by  the  authority  of  this  act,  stating 
its  title  and  date  of  approval.  The  secretary  shall  keep  a  rec- 
ord of  the  bonds  sold,  their  number,  date  of  sale,  the  price  re- 
ceived and  the  name  of  the  purchaser;  provided,  any  such 
district  may,  in  the  manner  whereby  the  issuance  of  bonds 
may  be  authorized,  provide  for  the  issuance  of  bonds  that 
will  mature  in  any  number  of  years  less  than  twenty  and 
arrange  for  the  payment  thereof,  in  series  as  above  provided; 
Provided,  further,  that  when  the  money  provided  by  any  issue 
of  bonds  has  become  exhausted  by  expenditures  herein  author- 
ized therefor  and  it  becomes  necessary  to  raise  additional 
money  for  such  purposes,  additional  bonds  may  be  issued  after 
submitting  the  question  to  the  qualified  voters  of  said  district, 
as  for  an  original  issue  of  such  bonds :  Provided,  also,  the  lien 
for  the  bonds  of  any  issue  shall  be  a  preferred  lien  to  that  of 
any  subsequent  issue,  and  the  lien  for  all  payments  due  or  to 
become  due  under  any  contract  with  the  United  States,  accom- 

—  50  — 


panying  which  bonds  of  the  district  have  not  been  deposited 
with  the  United  States  as  in  section  13  of  this  act  provided, 
shall  be  a  preferred  lien  to  any  issue  of  bonds  subsequent  to 
the  date  of  such  contract. 

If  contract  is  proposed  to  be  made  with  the  United  States 
and  bonds  are  not  to  be  deposited  with  the  United  States  in 
connection  therewith,  the  question  to  be  submitted  to  the 
voters  at  such  special  election  shall  be  whether  contract  shall 
be  entered  into  with  the  United  States.  The  notice  of  election 
shall  .state  the  maximum  amount  of  money  payable  to  the 
United  States  for  construction  purposes  exclusive  of  penalties 
and  interest. 

Sec.  104.  (Sec.  18,  Chap.  20,  Laws  1919.)  The  board  may 
sell  bonds  from  time  to  time  in  such  quantities  as  may  be  nec- 
essary and  most  advantageous  to  raise  the  money  for  the  con- 
struction of  purchase  of  canals,  reservoir  sites,  reservoirs,  wa- 
ter rights  and  works,  and  otherwise  to  fully  carry  out  the  ob- 
jects and  purposes  of  this  act.  Before  making  any  sale  the 
board  shall,  at  a  meeting,  by  resolution  declare  its  intention 
to  sell  a  specified  amount  of  the  bonds  and  the  day  and  hour 
and  place  of  such  sale,  and  shall  cause  such  resolution  to  be 
entered  in  the  minutes  and  notice  of  the  sale  to  be  given  by 
publication  thereof  by  three  insertions  thereof  at  least  twenty 
days  prior  to  such  sale  in  a  daily  newspaper  published  in  the 
city  of  Santa  Fe  and  a  like  notice  in  a  daily  newspaper  pub- 
lished in  the  city  of  Albuquerque,  and  any  other  newspaper  at 
their  discretion.  The  notice  shall  state  that  sealed  proposals 
will  be  received  by  the  board  at  their  office,  for  the  purchase 
of  the  bonds,  till  the  day  and  hour  named  in  the  resolution. 
At  the  time  appointed  the  board  shall  open  the  proposals  and 
award  the  purchase  of  the  bonds  to  the  highest  responsible 
bidder  and  may  reject  all  bids;  but  said  board  shall,  in  no 
event,  sell  any  of  said  bonds  for  less  than  ninety-five  per  cent 
of  the  face  value  thereof.  In  case  no  bid  is  made  and  accepted 
as  provided  in  this  act,  the  board  of  directors  is  hereby  author- 
ized to  use  said  bonds  for  the  purchase  of  canals,  reservoir 
sites,  reservoirs,  water  rights  and  works,  or  for  the  construction 
of  any  canal,  reservoir  and  works;  Provided,  such  bonds  shall 
not  be  so  disposed  of  at  less  than  ninety-five  per  cent  of  the 
face  value  thereof. 

Sec.  105.  (Sec.  19,  Chap.  20,  Laws  1919.)  Said  bonds  and 
the  interest  thereon,  and  all  payments  due  or  to  become  due 
the  ensuing  year  to  the  United  States  under  any  contract  be- 
tween the  district  and  the  United  States,  accompanying  which 
bonds  of  the  district  have  not  been  deposited  with  the  United 
States  shall  be  paid,  by  revenue  derived  from  an  annual  assess- 
ment upon  the  real  property  of  the  district,  and  the  real  prop- 
erty of  the  district  shall  be  made  and  remain  liable  to  be  as- 

—  51  — 


sessed  for  such  payments  as  herein  provided.  Public  lands  of 
the  United  States  within  any  district  shall  be  subject  to  tax- 
ation for  all  purposes  of  this  chapter  to  the  extent  provided 
by  the  Act  of  Congress  approved  August  11,  1916,  upon  full 
compliance  therewith  by  the  district. 

Sec.  106.  (Sec.  20,  Chap.  20,  Laws  1919.) If  any  district  shall 
contract  with  the  United  States  for  the  construction  of  drain- 
age works,  it  shall  be  within  the  powers  and  the  duties  of  the 
Board  of  Directors  on  or  before  September  1  next  preceding 
the  initial  payment  for  such  works  under  contract  with  the 
United  States  to  fix  and  determine  the  rate  or  percentage 
of  the  benefits  from  the  proposed  works  for  all  real  property 
within  the  district  to  be  affected  by  said  works,  subject  to 
judicial  confirmation  as  provided  by  section  53  of  this  act. 
The  board  shall  also  assess  the  damages  inflicted  upon  any 
real  property  by  the  works  of  the  district  and  such  amount 
shall  be  deducted  from  the  assessments  payable  by  each  owner 
of  lands  damaged  until  compenstation  for  the  damages  shall 
have  been  fully  made  .  If  the  damage  shall  be  fpund  to  exceed 
the  benefits  as  regards  any  parcel  of  real  property  or  any 
easement,  a  cash  award  of  the  difference  shall  be  made.  The 
said  rate  of  benefits  shall  be  subsequently  used  as  the  basis  for 
the  annual  assessment,  but  such  rate  may  be  changed  from 
time  to  time  by  the  Board  of  Directors  as  new  or  changing 
conditions  may,  in  their  judgment,  require,  subject  to  judicial 
confirmation  as  aforesaid.  Irrigation  districts,  as  regards  drain- 
age costs,  may  assess  realty  within  the  district  boundaries 
owned  by  all  such  classes  of  persons  and  corporations,  to  the 
same  extent  as  now.  permitted  by  the  laws  of  this  state  to 
drainage  districts. 

Sec.  107.  (Sec.  21,  Chap.  20,  Laws  1919.)  Every  person 
desiring  to  receive  water  during  the  course  of  the  year,  at 
the  time  he  applies  for  water,  shall  furnish  the  Secretary  of 
the  Board  of  Directors  of  said  irrigation  district,  a  statement 
in  writing  of  the  number  of  acres  intended  by  him  to  be  irri- 
gated, and  a  statement,  as  near  as  may  be,  of  the  crops  planted 
or  intended  to  be  planted. 

The  Board  of  Directors  on  a  date  to  be  fixed  by  standing 
order  of  the  Board,  which  shall  not  be  later  than  September 
first  of  each  year,  shall  estimate  and  determine  the  amount  of 
funds  required  to  meet  the  obligations  and  needs  of  the  dis- 
trict for  the  ensuing  year,  together  with  such  additional 
amount  as  may  be  necessary  to  meet  any  deficiency  in  the  pay- 
ment of  expenses  or  obligations  previously  incurred  by  the 
district  and  remaining  unpaid,  for  such  of  the  following  pur- 
poses as  may  be  required  by  the  activities  of  the  district, 
to-wit : 

-  52  — 


Item  One.  The  payment  of  the  interest  upon  bonds  of  the 
district  and  any  installment  upon  the  principal  thereof; 

Item  Two.  Any  payment  to  become  due  under  any  contract 
with  the  United  States,  to  secure  which  bonds  have  not  been 
deposited  with  the  United  States,  whether  for  the  cost  of  irri- 
gation or  drainage  systems  or  for  the  operation  and  mainte- 
nance thereof,  or  both ;  or  if  the  lands  of  the  district  have  been 
divided  by  the  Secretary  of  the  Interior  into  units,  not  neces- 
sarily contiguous  for  repayment  purposes,  the  Board  shall  pre- 
pare separate  estimates  for  each  such  unit; 

Item  Three.  The  portion  of  the  expense  of  operation  and 
maintenance  of  the  irrigation  and  drainage  systems  to  be  col- 
lected by  tax  assessment  and  levy.  This  portion  shall  not  be 
less  than  one-fourth,  nor  more  than  two-thirds  of  the  estimate 
for  such  operation  and  maintenance  costs  for  the  ensuing  year, 
and  shall  be  determined  by  the  Board  of  Directors  of  said  dis- 
trict from  year  to  year,  and  the  said  portion  of  said  operation 
and  maintenance  expenses  so  collected  by  tax  assessment  and 
levy,  shall  be  collected  from  all  lands  of  the  district,  whether 
irrigated  or  not,  except  s'uch  lands  as  may  be  exempted  from 
taxation  by  the  terms  of  this  act,  and  the  same,  when  collected, 
shall  be  applied  as  a  payment  on  all  contracts  under  which 
water  is  delivered  in  said  district.  The  remainder  of  said  esti- 
mated amount  shall  be  paid  by  the  parties  actually  using  said 
system  and  water  for  irrigation  or  other  purposes,  in  accor- 
dance with  the  terms  of  their  contract  for  water ; 

Item  Four.  Current  and  miscellaneous  expenses,  other  than 
as  above  specified,  and  necessary  to  defray  the  expenses  of 
maintaining  the  organization  of  the  district  and  carrying  out 
the  purposes  of  this  act,  which  shall  not  aggregate  more  than 
twenty  cents  an  acre.  The  amounts  to  be  collected  under  Item 
Four  may,  at  the  option  of  the  Board  of  Directors  of  said 
district,  be  collected  as  tolls  and  charges  in  the  manner  pro- 
vided in  Section  28  of  this  act. 

Lands  which,  in  the  opinion  of  the  Board  of  Directors,  are 
unfit  for  cultivation  by  irrigation  on  account  of  seepage,  alkali 
or  physical  condition  and  location  of  the  land,  or  other  condi- 
tions, or  lands  to  which  the  existing  distributing  system  or  ex- 
tensions thereof  cannot  furnish  water  at  such  points  of  delivery 
as  the  Board  may  consider  reasonable,  shall  not  be  taxed  for 
Items  One  and  Three ;  and  provided,  that  tax  shall  not  be 
assessed  for  Item  Three  against  land  involved  in  the  Boundary 
suit  now  pending  in  the  United  States  Supreme  Court  between 
the  State  of  Texas  and  the  State  of  New  Mexico  until  the  final 
determination  of  said  suit,  unless  such  land  is  in  cultivation 
and  using  water  for  irrigation ;  and  lands  shall  not  be  taxed  for 
Item  Two  for  the  periods  and  to  the  extent  that,  on  account  of 
seepage  or  other  conditions,  in  the  opinion  of  the  directors  or 

—  53  — 


the  Secretary  of  the  Interior,  as  may  be  provided  by  contract 
with  the  United  States,  such  lands  are  not  fit  for  cultivation  by 
irrigation,  on  account  of  such  condition;  but  nothing  herein 
contained  shall  be  construed  to  relieve  the  district  from  making 
provision  to  raise  the  amounts  required  to  make  full  payment 
to  private  creditors  or  to  the  United  States  for  the  full  cost  of 
construction  or  of  operation  and  maintenance,  irrespective  of 
the  exemption  of  any  lands  from  taxation,  unless  expressly 
provided  by  the  assent  of  the  bond-holders  or  other  private 
creditors,  or  by  agreement  with  the  United  States  as  the  case 
may  be;  and  in  determining  the  amounts  required  for  the  re- 
spective items  aforesaid,  the  Board  shall  take  into  considera- 
tion the  gross  amount  of  exemptions  and  credits  allowable  pur- 
suant to  entries  made  by  the  Board  upon  the  assessor's  certi- 
fied list  as  in  Section  22  of  this  act  provided.  Proper  entry 
shall  be  made  by  the  district  officers  of  all  exemptions  made 
and  of  credits  allowed.  The  amount  required  to  meet  the  ob- 
ligations of  the  district,  except  the  portion  thereof  collected 
from  tolls  and  charges,  shall  be  raised  by  taxt  assessments, 
levy  and  collection  as  hereinafter  provided,  to  be  extended 
pro  rata  per  acre  over  all  lands  in  the  said  district,  or  in  ap- 
propriate cases  under  Item  Two  above,  against  all  lands  in 
each  respective  unit  of  the  district.  When  the  Board  shall 
assemble  for  the  purposes  hereinbefore  prescribed,  it  shall 
consider,  determine  and  designate  the  land  within  said  dis- 
trict which  shall  be  subjected  to  the  assessments  and  levies 
hereinbefore  mentioned. 

Notice  of  the  time,  place  and  purpose  of  such  meeting  shall 
be  given  by  publication  in  English  and  Spanish  in  some  news- 
paper or  newspapers  of  general  circulation  published  within  the 
county  wherein  the  headquarters. of  the  district  are  located,  and 
shall  inform  all  the  persons  interested  that  at  the  time  and 
place  specified,  an  opportunity  will  be  afforded  to  appear  be- 
fore the  board  and  show  cause  why  any  particular  tract  of 
land,  or  any  portion  thereof,  should  be  exempted  from  tax- 
ation under  the  provisions  of  this  act.  Such  notice  shall  be 
published  once  each  week  for  four  successive  weeks,  and  the 
last  publication  shall  be  not  less  than  three  days  prior  to  the 
date  fixed  for  such  meeting.  Proof  of  such  publication  shall 
be  furnished  by  the  publisher  and  shall  be  filed  in  the  archives 
of  the  secretary  of  the  district. 

At  such  meeting  said  board  of  directors,  subject  to  such 
reasonable  regulations  as  it  may  prescribe,  shall  afford  to  all 
persons  desiring  to  do  so,  an  opportunity  to  make  such  showing 
as  they  may  deem  proper  as  to  why  any  given  tract  of  land  or 
portion  thereof,  shall  be  exempted  from  taxation  as  aforesaid, 
In  each  case  the  Board  may  cause  to  be  made  such  investigation 
as  it  may  deem  proper,  after  which  the  Board  shall  determine 

-  54  - 


the  question  submitted  as  right  and  justice  may  require,  and 
shall  cause  its  decision  to  be  duly  entered  upon  its  minutes, 
and  a  copy  thereof  to  be  sent  by  registered  mail  to  all  parties) 
who  have  made  claim  of  exemption  of  land  from  taxation  as 
aforesaid. 

Any  person  feeling  himself  aggrieved  by  any  such  decision 
as  aforesaid  may  appeal  therefrom  to  the  district  court  of  the 
county  wherein  the  decision  is  rendered  at  any  time  within* 
thirty  days  from  and  after  the  rendition  and  mailing  as  afore- 
said, of  said  copy  of  the  decision  complained  of,  by  serving 
upon  the  secretary  of  the  district  written  notice  of  such  action 
and  filing  a  copy  thereof  together  with  a  copy  of  the  decision, 
complained  of,  in  the  office  of  the  clerk  of  the  court  to  which 
the  appeal  is  taken.  Upon  being  served  with  such  notice,  the 
secretary  of  the  district  shall  forthwith  transmit  to  the  clerk 
of  such  court  a  certified  transcript  of  all  papers  and  records 
pertaining  to  the  case  which  may  have  been  filed  in  connection 
therewith.  Upon  such  appeal  the  case  shall  be  tried  in  such 
district  court  subject  to  the  law,  rules,  and  practice  governing 
such  court  as  upon  writ  of  certiorari. 

The  filing  of  said  appeal  in  said  district  court  shall  not 
stay  the  proceedings  relating  to  the  collection  of  said  tax,  but 
in  the  event  that  appellant  has  paid  said  tax  before  the  rendi- 
tion of  final  judgment  in  said  suit,  and  judgment  is  rendered 
in  said  suit  in  favor  of  appellant,  appellant  shall  have  refund- 
ed to  him  such  sum  of  money  as  shall  be  determined  by  the 
judgment  of  the  court,  together  with  legal  interest  thereon 
and  costs  of  court.  But  if  appellant  fails  to  recover  in  said 
suit,  appellant  shall  pay  all  costs  of  court. 

In  case  the  assets  and  liabilities  of  any  Water  Users'  Asso- 
ciation are  taken  over  as  in  Section  1  of  this  act  provided,  the 
board  of  directors  shall  allow  to  the  owner  of  lands  on  account 
of  which  payments  shall  have  been  made  to  said  association 
all  proper  and  equitable  credits  to  which  the  said  owner  may 
be  entitled,  according  to  the  books  and  records  of  said  associa- 
tion which  shall  be  prima  facie  evidence  of  the  credits  of  its 
various  members,  and  such  credits  shall  be  taken  into  consider- 
ation by  the  board  of  directors  in  determining  the  amount  of 
money  required  to  meet  obligations,  maintenance,  operating 
and  current  expenses  of  the  district  for  the  ensuing  year,  and 
the  board  of  directors  shall  certify  to  the  county  commission- 
ers the  amount  of  such  credits,  and  levy  hereinafter  provided 
for  shall  be  made  accordingly. 

The  term  "asset"  as  used  herein,  includes  any  and  all  grants, 
rights,  powers,  privileges  and  appropriations  heretofore  con- 
ferred by  any  law,  general  or  special,  upon  any  Water  Users' 
Association,  and  upon  taking  over  the  assets  of  any  Water 
Users'  Association  as  hereinbefore  provided,  by  any  irrigation 

—  55  — 


District,  said  District  shall  succeed  to  all  such  grants,  rights 
powers,  privileges  and  appropriations  and  the  officers  of  said 
Irrigation  District  are  authorized  and  empowered  to  perform 
such  duties  and  to  execute  such  instrument  in  regard  thereto, 
as  said  law  required  of  the  officers  of  said  Water  Users'  Asso- 
ciation. 

Sec.  108.  (Sec.  22,  Chap.  20,  Laws  1919.)  It  shall  be  the 
duty  of  the  County  Assessor  of  any  county  embracing  the 
whole  or  any  part  of  an  Irrigation%District  to  enter  upon  his 
tax  roll  each  year  the  name  of  the  owner,  description  and  area 
of  each  tract  of  land  in  the  said  district  in  said  county  sub- 
ject to  taxation  under  this  act,  and  to  deliver  a  certified  list 
thereof  to  the  County  Commissioners  of  said  county  .and  to 
transmit  a  like  certified  list  to  the  secretary  of  said  irrigation 
district  on  or  before  July  first  of  each  year.  If  the  board 
of  directors  has  exempted  any  lands  from  taxation  in  whole 
or  in  part,  or  if  the  Secretary  of  Interior  has  taken  similar 
action  pursuant  to  contract  with  the  district,  or  if  any  tract  is 
entitled  to  credit  upon  assessments  by  reason  of  payments  to 
any  water  users'  association  also,  under  the  provisions  of 
Section  21  of  this  act,  or  if  there  be  drainage  assessments 
judicially  confirmed  as  in  this  act  provided,  or  awards  for 
damages  due  to  drainage  or  other  work  pursuant  to  section  20 
of  this  act,  the  secretary  of  the  district  shall  note  such  ex- 
emptions, credits,  and  drainage  assessments  and  awards  for 
each  tract  upon  the  certified  list  furnished  by  the  assessor  as  in 
this  section  provided,  and  the  said  list,  together  with  the 
items  prescribed  in  section  21  of  this  act,  shall  be  delivered 
to  the  county  commissioners  of  the  county  in  which  the  office 
of  the  said  irrigation  district  is  located  on  or  before  September 
1  of  each  year. 

Sec.  109.  (Sec.  23,  Chap.  20,  Laws  1919.)  It  shall  be  the 
duty  of  the  County  Commissioners  of  the  county  in  which  the 
office  of  the  district  is  located,  acting  under  the  provisions 
of  this  act,  upon  the  receipt  of  the  certificate  of  the  Board  of 
Directors,  certifying  the  amounts  to  be  raised  for  the  different 
purposes  hereinbefore  mentioned,  and  upon  receipt  of  the  asses- 
sor's certified  list  of  the  tracts  of  lands  in  the  district  upon 
which  the  secretary  of  the  district  has  entered  the  notations 
hereinbefore  referred  to,  to  fix  the  respective  rates  of  levy 
per  acre  necessary  to  provide  the  amounts  of  money  required 
for  said  purposes  as  specified  in  said  certificate.  The  rate  of 
levy  necessary  to  raise  the  required  amount  of  money  for  said 
district  shall  be  increased  15  per  cent  to  cover  delinquencies. 
And  if  there  be  any  other  county  or  counties  wherein  are  sit- 
uate lands  within  the  district  to  be  taxed  hereunder  the  said 
county  commissioners  shall  certify  to  the  county  commission- 
ers of  such  other  county  or  counties,  the  said  tax  levies  and 

-  56  - 


the  lists  of  land  in  such  other  county  or  counties  subject  to 
taxation  therefor.  The  respective  Boards  of  County  Commis- 
sioners of  such  other  counties  shall  furnish  to  the  respective 
county  assessors  of  such  other  counties  such  tax  levies  and 
lists  of  lands,  and  such  county  assessors  shall  thereupon  cause 
extension  to  be  made  upon  their  assessment  rolls  of  the  amounts 
due  from  each  tract  of  land  for  each  of  said  purposes  in  sep- 
arate columns  and  also  the  total  taxes  so  levied  for  all  of  the 
purposes  of  said  irrigation  district,  and  also  the  total  amount 
due  from  each  tract  for  all  of  the  purposes  of  said  irrigation 
district. 

For  the  purposes  of  said  district,  it  shall  be  the  duty  of 
the  county  commissioners  in  each  county  in  which  any  irriga- 
tion district  is  located,  in  whole  or  in  part,  at  the  time  of 
making  the  levy  for  county  purposes,  to  make  a  levy  as  above 
provided,  upon  all  lands  within  their  respective  counties,  sub- 
ject to  taxation  under  this  act,  and  to  deliver  a  notice  thereof 
to  the  county  assessor,  which  notice  shall  be  accompanied  by 
a  certified  list  of  said  tracts  of  land  within  said  district  with 
notations  made  thereon  as  aforesaid. 

Sec.  110.  (Sec.  24,  Chap.  20,  Laws  1919.)  The  county  treas- 
urer of  the  county  in  which  is  located  the  office  of  any  irriga- 
tion district,  shall  be  and  is  hereby  constituted  ex-officio  dis- 
trict treasurer  of  said  district,  and  said  county  treasurer  shall 
be  liable  upon  his  official  bond,  and  to  indictment  and  criminal 
prosecution  for  malfeasance,  misfeasance  or  failure  to  perform 
any  duty  herein  prescribed  as  county  treasurer  or  district  treas- 
urer, as  is  provided  by  law  in  other  cases  as  county  treasurer. 
Said  treasurer  shall  receive  and  receipt  for  all  monies  belong- 
ing to  said  district.  It  shall  be  the  duty  of  the  county  treas- 
urer in  each  county  in  which  any  irrigation  district  is  located, 
in  whole  or  in  part,  to  collect  and  receipt  for  all  taxes  levied 
as  herein  provided,  in  the  same  manner  and  at  the  same  time 
as  is  required  in  the  receipt  for,  and  collection  of,  taxes  upon 
real  estate  for  county  purposes;  provided,  that  such  county 
treasurer  shall  receive  in  payment  of  the  district  bond  fund 
taxes  above  mentioned  for  the  year  in  which  said  taxes  were 
levied,  interest  coupons  or  bonds  issued  by  said  irrigation  dis- 
tricts maturing  within  said  year,  the  same  as  so  much  lawful 
money  of  the  United  States,  if  such  interest  coupons  do  not 
exceed  the  amount  of  taxes  for  district  bond  funds  which  the 
person  tendering  the  same  owes.  The  county  treasurer  of  each 
county  comprising  a  portion  only  of  any  irrigation  district, 
excepting  the  county  treasurer  of  the  county  in  which  the  of- 
fice of  said  district  is  located,  on  the  first  Monday  of  every 
month,  shall  remit  to  the  district  treasurer  aforesaid,  all 
monies  and  coupons  theretofore  collected  or  received  by  him 
on  account  of  said  district.  Every  county  treasurer  shall  keep 

—  57  — 


a  district  bond  fund  account,  a  district  contract  fui*d  account, 
'a  district  operation  and  maintenance  fund  account,  and  a  dis- 
trict general  fund  account,  and  the  proceeds  of  the  taxes  col- 
lected shall  be  covered  into  the  respective  funds.  The  bond 
fund  shall  consist  of  all  monies  collected  for  principal  and  in- 
terest of  the  bonds  issued  by  the  said  district ;  the  district  con- 
tract fund  shall  consist  of  all  monies  received  from  taxes  levied 
to  provide  for  payments" to  the  United  States;  the  operation 
and  maintenance  fund  shall  consist  of  all  monies  received  on 
account  of  the  operation  and  maintenance  of  irrigation  and 
drainage  system,  except  monies  to  be  paid  to  the  United  States 
pursuant  to  any  contract;  and  the  general  fund  shall  consist 
of  all  monies  received  on  account  of  current  and  miscellaneous 
expenses,  not  to  be  covered  into  any  of  the  foregoing  funds. 

The  district  treasurer  aforesaid  shall  pay  out  of  said  bond 
fund  when  due,  the  interest  and  principal  of  said  bonds  of  said 
district,  at  the  time  and  place  specified  in  said  bonds.  The  dis- 
trict treasurer  shall  pay  out  of  said  contract  fund,  all  pay- 
ments as  they  become  due  to  the  United  States  under  contract 
at  the  time  and  in  the  manner  provided  in  said  contract.  The 
district  treasurer  shall  pay  out  of  said  operation  and  mainte- 
nance fund,  only  upon  warrants  signed  by  the  president  and 
countersigned  by  the  secretary  of  the  district,  directed  to  such 
party  or  parties  as  are  due  payments  for  operating  and  main- 
taining said  irrigation  and  drainage  system.  The  district  treasur- 
er shall  pay  out  of  said  general  fund  only  upon  order  signed  by 
the  president  and  countersigned  by  the  secretary  of  said  district. 

The  district  treasurer,  on  the  fifteenth  day  of  each  month, 
shall  report  to  the  board  of  directors  of  said  district  the  amount 
of  money  in  his  hands  to  the  credit  of  the  respective  funds 
above  provided.  All  such  district  taxes  collected  and  paid  to 
the  county  treasurers  as  aforesaid  shall  be  received  by  said 
treasurers  in  their  official  capacity  and  they  shall  respectively 
be  responsible  for  the  safekeeping,  disbursement  and  payment 
thereof  the  same  as  for  other  monies  collected  by  them  as  such 
treasurers.  Provided,  that  said  county  treasurers  shall  not  re- 
ceive any  commissiion  for  the  collection  of  said  district  taxes 
but  shall  receive  for  clerical  assistance  the  sum  of  ten  ($10.00) 
dollars  monthly  for  each  25,000  acres  of  land  or  major  fraction 
thereof  situate  in  his  county,  subject  to  taxation  herein  for  dis- 
trict purposes. 

Sec.  111.  (Sec.  25,  Chap.  20,  Laws  1919.)  The  revenue  laws 
of  this  state  for  the  assessment,  levying  and  collection  of  taxes 
on  real  estate  for  county  purposes  except  as  herein  modified, 
shall  be  applicable  for  the  purposes  of  this  act,  including  the 
enforcement  of  penalties  and  forfeiture  for  delinquent  taxes. 

Sec.  112.  (Sec.  26,  Chap.  20,  Laws  1919.)  After  adopting  a 
plan  for  the  construction  of  canals,  reservoirs  and  works,  the 

_  58  _ 


board  of  directors  shall  give  notice,  by  publication  thereof,  not 
less  than  twenty  days  in  a  newspaper  published  in  each  of  the 
counties  into  which  any  such  irrigation  extends,  provided  a 
newspaper  is  published  therein,  and  in  such  other  newspapers 
as  they  may  deem  advisable,  calling  for  bids  for  the  construc- 
tion of  said  work  or  any  portion  thereof;  if  less  than  the 
whole  work  is  advertised,  then  the  portion  so  advertised  must 
be  particularly  described  in  such  notice;  said  notice  shall  set 
forth  that  plans  and  specifications  can  be  seen  at  the  office  of 
the  board,  and  that  the  board  will  receive  sealed  proposals 
therefor,  and  that  the  contract  will  be  let  to  the  lowest  re- 
sponsible bidder,  stating  that  the  time  and  place  for  opening 
the  proposals,  which  at  said  time  and  place  shall  be  opened  in 
public,  and  as  soon  as  convenient  thereafter,  the  board  shall 
let  said  work,  either  in  portions  or  as  a  whole,  to  the  lowest 
responsible  bidder,  or  they  may  reject  any  or  all  bids  and  re- 
advertise  for  proposals,  or  may  proceed  to  construct  the  work 
under  their  own  superintendence. 

Contracts  for  the  purchase  of  material  shall  be  awarded  to 
the  lowest  responsible  bidder.  The  person  or  persons  to  whom 
a  contract  may  be  awarded  shall  enter  into  a  bond  with  good 
and  sufficient  sureties,  to  be  approved  by  the  board,  payable 
to  said  district  for  its  use,  for  not  less  than  ten  per  cent  of  the 
amount  of  the  contract  price,  conditioned  for  the  faithful  per- 
formance of  said  contract.  The  work  shall  be  done  under  the 
direction  and  to  the  satisfaction  of  the  engineer  in  charge  and 
be  approved  by  the  board. 

Provided,  That  the  provisions  of  this  section  shall  not  ap- 
ply in  case  of  any  contract  between  the  district  and  the 
United  States. 

Sec.  113.  (Sec.  27,  Chap.  20,  Laws  1919.)  No  claim,  ex- 
cept as  otherwise  provided  in  Section  24,  shall  be  paid  by  the 
district  treasurer  until  the  same  shall  have  been  allowed  by 
the  board,  and  only  upon  warrants  signed  by  the  president 
and  countersigned  by  the  secretary,  which  warrants  shall  state 
the  date  authorized  by  the  board  and  for  what  purpose :  Pro- 
vided, No  warrant  shall  be  issued  or  obligation  incurred  un- 
less the  district  treasurer  has  sufficient  funds  on  hand  to  pay 
such  warrant  when  it  is  presented  for  payment.  All  claims 
against  the  district  shall  be  verified  and  the  secretary  of  the 
district  is  hereby  authorized  and  empowered  to  administer 
oaths  to  the  parties  verifying  such  claims  the  same  as  the 
county  clerk  or  a  notary  public  might  do.  The  district  treas- 
urer shall  keep  a  register  in  which  he  shall  enter  each  warrant 
presented  for  payment,  showing  the  date  and  amount  of  such 
warrant,  to  whom  payable,  the  date  of  the  presentation  for 
payment,  the  date  of  payment,  and  all  warrants  shall  be  paid 
in  the  order  of  their  presentation  for  payment  to  the  district 

-  59  - 


treasurer.  All  warrants  shall  be  drawn  payable  to  the  claim- 
ant or  bearer,  the  same  as  county  warrants. 

Sec.  114.  (Sec.  28,  Chap.  20,  Laws  1919.)  For  the  purpose 
of  defraying  the  expenses  of  the  organization  of  the  district, 
and  the  care,  operation,  management,  repair,  and  improvement 
of  all  canals,  ditches,  reservoirs  and  works,  including  salaries 
of  officers  and  employes,  or  for  payment  of  charges  to  the 
United  States  for  the  temporary  rental  of  water,  the  board  may 
either  fix  rates  of  tolls  and  charges  and  collect  the  same  of  all 
persons  using  said  canal  and  water  for  irrigation,  or  other  pur- 
poses, and  in  addition  thereto  may  provide,  in  whole  or  in 
part,  for  the  payment  of  such  expenditures  by  levy  of  assess- 
ments therefor,  as  heretofore  provided,  or  by  both  tolls  and  as- 
sesments;  provided,  that  if  any  contract  be  made  with  the 
United  States  the  charge  for  operation  and  maintenance  of  the 
district  and  for  temporary  rental  of  water  may  be  fixed  in  ac- 
cordance with  the  Federal  laws,  notices,  rules  and  regulations 
and  the  contract  with  the  district. 

Sec.  115.  (Sec.  29.,  Chap.  20,  Laws  1919.)  The  board  of 
directors  shall  have  the  power  to  construct  the  said  works 
across  any  stream  of  water,  water  course,  street,  avenue,  high- 
way, railway,  canal,  ditch  or  flume  which  the  route  of  said 
canal  or  canals  may  intersect  or  cross;  and  if  such  railroad 
company  and  said  board,  or  the  owners  and  controllers  of  said 
property,  thing  or  franchise  so  to  be  crossed,  cannot  agree  upon 
the  amount  to  be  paid  therefor,  or  the  points  or  the  manner  of 
said  crossings,  the  same  shall  be  ascertained  and  determined 
in  all  respects  as  is  provided  in  respect  to  the  taking  of  land 
for  public  uses.  The  right-of-way  is  hereby  given,  dedicated 
and  set  apart,  to  locate,  construct  and  maintain  said  works  or 
reservoirs,  over,  through,  or  upon  any  of  the  lands  which  are 
now,  or  may  be  the  property  of  the  state. 

Sec.  116.  (Sec.  30,  Chap.  20,  Laws  1919.)  The  members  of 
the  Board  of  Directors  other  than  the  president  shall  each  re- 
ceive compensation  at  the  rate  of  two  and  one-half  dollars  per 
day  while  attending  meetings  or  otherwise  necessarily  em- 
ployed in  the  discharge  of  their  duties  and  their  actual  and 
necessary  traveling  expenses  while  engaged  in  official  busi- 
ness. The  president  of  said  board  shall  receive  as  compensa- 
tion one  hundred  and  fifty  dollars  per  annum  for  each  ten 
thousand  acres  of  land  or  major  fraction  thereof  included 
within  the  district,  and  his  actual  and  necessary  traveling  ex- 
penses while  engaged  in  official  business.  No  director  or  offi- 
cter  named  in  this  acr  shall  in  any  manner,  be  interested,  direct- 
ly or  indirectly,  in  any  contract  awarded  or  to  be  awarded  by 
the  board,  or  in  the  profits  to  be  derived  therefrom ;  nor  shall 
receive  any  bonus  gratuity  or  bribe,  and  for  any  violation 
of  this  provision,  such  officer  shall  be  deemed  guilty  of  a  felony 

—  60  — 


and  such  conviction  shall  work  a  forfeiture  of  his  office,  and 
he  shall  be  punished  by  a  fine  not  exceeding  five  hundred 
dollars,  or  by  imprisonment  in  the  penitentiary  not  exceeding 
five  years. 

Sec.  117.  (Sec.  31,  Chap.  20,  Laws  1919.)  The  board  of 
directors,  or  other  officers  of  the  district,  shall  have  no  power 
to  incur  any  debt  or  liability  whatever,  either  by  issuing  bonds 
or  otherwise,  in  excess  of  the  express  provisions  of  this  act 
and  any  debt  or  liability  incurred  in  excess  of  such  express 
provision  shall  be  and  remain  absolutely  void. 

Sec.  118.  (Sec.  32,  Chap.  20,  Laws  1919.)  In  case  the  volume 
of  water  in  any  canal,  reservoir,  or  other  works  in  any  district 
shall  not  be  sufficient  to  supply  the  continual  wants  of  the 
entire  district  and  susceptible  of  irrigation  therefrom,  then  it 
shall  be  the  duty  of  the  board  of  directors  to  distribute  all 
available  water  upon  certain  or  alternate  days  to  different 
localities,  as  they  may  in  their  judgment  think  best  for  the 
interests  of  all  parties  concerned. 

Provided:  That  all  water  the  right  to  the  use  of  which  is 
acquired  by  the  district  under  any  contract  with  the  United 
States,  shall  be  distributed  and  apportioned  by  the  district  in 
accordance  with  the  acts  of  Congress,  and  rules  and  regulations 
of  the  Secretary  of  Interior  and  provisions  of  such  contract  in 
relation  thereto. 

Sec.  119.  (Sec.  33,  Chap.  20,  Laws  1919.)  Nothing  herein 
contained  shall  be  deemed  to  authorize  any  person  or  persons, 
to  divert  the  waters  of  any  river,  creek,  stream,  canal,  or  res- 
ervoir to  the  detriment  of  any  person  or  persons  having  a  prior 
right  to  the  waters  of  such  river,  creek,  stream,  canal  or 
reservoir. 

Sec.  120.  (Sec.  34,  Chap.  20,  Laws  1919.)  The  boundaries 
of  any  irrigation  district  now  or  hereafter  organized  under 
the  provisions  of  this  act  may  be  changed  in  the  manner  herein 
prescribed;  but  such  change  of  the  boundaries  of  the  district 
shall  not  impair  or  affect  its  organization,  or  its  rights  in  or  to 
property,  or  any  of  its  rights  or  privileges  of  whatsoever  kind 
or  nature,  nor  shall  it  affect,  impair,  or  discharge  any  con- 
tract, obligation,  lien,  or  charge,  for,  or  upon  which  it  was 
or  might  become  liable  or  chargeable  had  such  change  of 
boundaries  not  been  made ;  provided,  that  if  the  Secretary 
of  the  Interior  shall  give  his  assent  to  a  change  in  boundaries 
in  writing  filed  with  the  board  of  directors,  any  lands  to  the 
exclusion  of  which  from  the  district  assent  shall  thus  be  given, 
shall  be  discharged  from  any  and  all  liens  in  favor  of  th£ 
United  States  under  any  contract  which  shall  have  been  made 
with  the  United  States  and  any  bonds  deposited  with  its 
agents. 

Sec.  121      (Sec.  35,  Chap.  20,  Laws  1919.)     The  holder  or 

-  61  - 


holders  of  title,  or  evidence  of  title,  of  any  body  of  land  adja- 
cent to  or  situate  within  the  boundaries  of  any  irrigation  dis- 
trict, may  file  with  the  board  of  directors  of  said  district  a 
petition  in  writing  praying  that  such  lands  be  included  in  such 
district.  The  petition  shall  describe  the  tracts,  or  body  of 
land  owned  by  the  petitioners,  but  such  description  need  not 
be  more  particular  than  is  required  when  such  lands  are  en- 
tered by  the  county  assessor  in  the  assessment  book.  Such 
petition  shall  be  deemed  to  give  the  assent  of  the  petition- 
ers to  the  inclusion  in  said  district  of  the  lands  described  in 
the  petition,  and  such  petition  must  be  acknowledged  in  the 
same  manner  that  conveyances  of  land  are  required  to  be  ac-> 
knowledged. 

Sec.  122.  (Sec.  36,  Chap.  20,  Laws  1919.)  The  secretary  of 
the  board  of  directors  shall  cause  notice  of  the  filing  of  such 
petitiion  to  be  given  and  published  one  each  week  for  three 
successive  weeks  in  a  newspaper  published  in  the  county  where 
the  office  of  said  board  is  situate,  which  notice  shall  state  the 
filing  of  such  petition  and  the  names  of  the  petitioners ;  a  de- 
scription of  the  lands  mentioned  in  the  petition,  and  the  pray- 
er of  said  petitioners;  giving  notice  to  all  persons  interested, 
to  appear  at  the  office  of  said  board  at  a  time  named  in  said 
notice,  and  to  show  cause,  in  writing,  if  any  they  have,  why 
the  petition  should  not  be  granted.  The  time  specified  in  the 
notice  at  which  it  shall  be  required  to  show  cause  shall  be 
the  regular  meeting  of  the  board  next  after  the  expiration  of 
the  time  for  the  publication  of  the  notice.  The  petitioner 
or  petitioners,  shall  advance  to  the  secretary  sufficient  money 
to  pay  the  estimated  cost  of  all  proceedings  under  such  pe- 
tition before  the  secretary  shall  be  required  to  give  such 
notice. 

Sec.  123.  (Sec.  37,  Chap.  20,  Laws  1919.)  The  board  of  di- 
rectors, at  the  time  and  place  mentioned  in  said  notice,  or  at 
such  time  or  times  to  which  the  hearing  of  such  petition  may 
adjourn,  shall  proceed  to  hear  the  petition,  and  all  objections 
thereto,  presented  in  writing  by  any  person,  showing  cause 
as  aforesaid,  why  said  petition  should  not  be  granted.  The 
failure  of  any  person  interested  to  show  cause,  in  writing, 
as  aforesaid,  shall  be  deemed  and  taken  as  an  assent  on  his 
part  to  the  inclusion  of  such  lands  in  said  district  as  prayed 
for  in  said  petition. 

Sec.  124.  (Sec.  38,  Chap.  20,  Laws  1919.)  The  board  of 
director,  to  whom  such  petition  is  presented,  may  require 
as  a  condition  precedent  to  the  granting  of  the  same,  that  the 
petitioners  shall  severally  pay  to  such  district  such  respective 
sums,  as  nearly  as  the  same  can  be  estimated  by  the  board,  as 
said  petitioners  or  their  grantors  would  have  been  required  to 
pay  to  such  district  as  assessment  for  the  payment  of  their  pro 

—  62  — 


rata  share  of  all  bonds  and  interest  thereon,  which  may  have 
previously  thereto  been  issued  by  said  district,  or  for  the  pay- 
ment of  the  pro  rata  share  of  the  cost  of  construction  under 
any  contract  between  the  district  and  the  United  States  ac- 
companying which  bonds  of  the  district  have  not  been  de- 
posited with  the  United  States  as  in  this  act  provided,  had  such 
lands  been  included  in  such  district  at  the  time  the  same  was 
originally  formed  or  when  said  bonds  were  so  issued,  or  wheri 
said  contract  with  the  United  States  was  made ;  provided,  that 
in  case  unentered  public  land  is  proposed  to  be  annexed  to  the 
district  the  board  of  directors  of  the  district  instead  of  requir- 
ing  such  payment  as  a  condition  precedent,  may  assess  such 
charges  against  such  unentered  public  land  upon  the  records  of 
the  district  to  be  collected  in  the  manner  authorized  by  the  said 
Act  of  Congress  of  August  11,  1916. 

Sec.  125.  (Sec.  39,  Chap.  20,  Laws  1919.)  The  board  of 
directors  if  they  deem  it  not  for  the  best  interests  of  the  dis- 
trict to  include  therein  the  lands  mentioned  in  the  petition, 
shall  by  order  reject  the  said  petition,  but  if  they  deem  it  for 
the  best  interests  of  the  district  that  said  lands  be  included 
the  board  may  order  that  the  district  be  so  changed  as  to  in- 
clude therein  the  lands  mentioned  in  the  said  petition.  The 
order  shall  describe  the  entire  boundaries  of  the  district  with 
the  lands  so  included,  if  the  district  boundaries  be  changed 
thereby,  and  for  that  purpose  the  board  may  cause  a  survey 
to  be  made  of  such  portion,  of  such  boundaries  as  may  be 
deemed  necessary;  Provided,  if  within  thirty  days  from  the 
making  of  such  order  a  majority  of  the  qualified  electors  of  the 
district  protest  in  writing  to  said  board  against  the  inclusion  of 
such  lands  in  said  district,  said  order  shall  be  held  for  naught 
and  said  lands  shall  not  be  included  therein. 

Provided,  further,  that  in  case  contract  has  been  made  be- 
tween the  district  and  the  United  States  as  in  section  13  hereof 
provided,  no  change  shall  be  made  in  the  boundaries  of  the  dis- 
trict and  the  board  of  directors  shall  make  no  order  changing' 
the  boundaries  of  the  district  until  the  Secretary  of  the  Interior 
shall  assent  thereto  in  writing  and  such  assent  be  filed  with 
the  board  of  directors. 

Sec.  126.  (Sec.  40,  Chap.  20,  Laws  1919.)  Upon  the  allow- 
ance of  such  petition  and  in  case  no  protest  has  been  filed 
with  the  board  within  thirty  days  after  the  entry  of  said  order 
as  aforesaid,  a  certified  copy  of  the  order  of  the  board  of  di- 
rectors making  such  change,  and  a  plat  of  such  district,  show- 
ing such  change,  if  any,  certified  by  the  president  and  secre- 
tary, shall  be  filed  for  record  in  the  office  of  the  county  clerk 
of  each  county  in  which  are  situate  any  of  the  lands  of  the 
district,  and  the  district  shall  remain  an  irrigation  district, 
as  fully  as  to  every  intent  and  purpose  as  if  the  lands  which 

—  63  — 


are  included  in  the  district  by  the  change  of  the  boundaries 
as  aforesaid,  had  been  included  therein  at  the  organization  of 
the  district;  and  said  district  as  so  changed  and  all  the  lands 
therein  shall  be  liable  for  all  existing  obligations  and  indebted- 
ness of  the  organized  district. 

Provided,  that  in  case  contract  has  been  made  between  the 
district  and  the  United  States  as  in  section  13  hereof  provided, 
no  change  shall  be  made  in  the  boundaries  of  the  district  until 
the  Secretary  of  the  Interior  shall  assent  thereto  in  writing  and 
such  assent  be  filed  with  the  board  of  directors. 

Sec.  127.  (Sec.  41,  Chap.  20,  Laws  1919.)  Upon  the  filing 
of  the  copies  of  the  order  and  the  plat,  as  in  the  last  preceding 
section  mentioned,  the  secretary  shall  record  in  the  minutes 
of  the  board  the  petition  aforesaid ;  and  the  said  minutes,  or  a 
certified  copy  thereof,  shall  be  admissible  in  evidence  with 
the  same  effect  as  the  petition. 

Sec.  128.  (Sec.  42,  Chap.  20,  Laws  1919.)  A  guardian, 
executor  or  administrator  of  an  estate,  who  is  appointed  as  such 
under  the  laws  of  this  state,  and  who,  as  such  guardian,  execu- 
tor or  administrator,  is  entitled  to  the  possession  of  the  lands 
belonging  to  the  estate  which  he  represents,  may  on  behalf 
of  his  ward  or  the  estate  which  he  represents,  upon  being 
thereunto  authorized  by  the  proper  court,  sign  and  acknowl- 
edge the  petition  in  this  act  mentioned,  and  may  show  cause, 
as  in  this  act  mentioned,  why  the  boundaries  of  the  district 
should  not  be  changed. 

Sec.  129.  (Sec.  43,  Chap  20,  Laws  1919.)  In  the  case  of  the 
inclusion  of  any  land  within  any  district  by  proceedings  under 
this  act,  the  board  of  directors  shall,  at  least  thirty  days 
prior  to  the  next  succeeding  general  election,  make  an  order 
re-dividing  such  district  into  divisions,  as  nearly  equal  in  size 
as  may  be  practicable,  being  in  number  as  in  section  5  of  this 
act  provided,  and  which  shall  be  numbered  consecutively,  and 
one  director  shall  thereafter  be  elected  from  each  division. 
For  the  purposes  of  election  the  board  of  directors  shall  es- 
tablish a  convenient  number  of  election  precincts  in  said  dis- 
trict, and  define  the  boundaries  thereof,  which  said  precincts 
may  be  changed  from  time  to  time  as  the  board  may  deem 
necessaary. 

Sec.  130.  (Sec.  44,  Chap.  20,  Laws  1919.)  Any  tract  of  land 
included  within  the  boundaries  of  any  such  district,  at  or  after 
its  organization  under  the  provisions  of  this  act,  may  be  ex- 
cluded therefrom,  in  the  manner  herein  prescribed,  but  such 
exclusion  of  land  from  the  district  shall  not  impair  or  affect 
its  organization,  or  its  rights  in  or  to  property,  or  any  of  its 
rights  or  privileges  of  whatever  kind  or  nature ;  nor  shall  such 
exclusion  affect,  impair  or  discharge  any  contract,  obligation, 
lien  or  charge  for  or  upon  which  it  would  or  might  become 

-  64  — 


liable  or  chargeable,  had  such  land  not  been  excluded  from 
the  district. 

Sec.  131.  (Sec.  45,  Chap.  20,  Laws  1919.)  The  owner  or 
owners  in  fee  of  any  lands  constituting  a  portion  of  any  irri- 
gation district  may  file  with  the  board  of  directors  of  the  dis- 
trict, a  petition  praying  that  such  lands  may  be  excluded  and 
taken  from  said  district.  The  petition  shall  described  the 
lands  which  the  petitioners  desire  to  have  excluded,  but  the  de- 
scription of  such  lands  need  not  be  more  particular  than  re- 
quired when  lands  are  entered  in  the  assessment  book  by  the 
county  assessor.  Such  petition  must  be  acknowledged  in  the 
same  manner  and  form  as  is  required  in  case  of  a  conveyance 
of  land. 

Sec.  132.  (Sec.  46,  Chap.  20,  Laws  1919.)  The  secretary 
of  the  board  of  directors  shall  cause  a  notice  of  the  filing  of 
such  petition  to  be  published  for  at  least  three  weeks  in  some 
newspaper  published  in  the  county  where  the  office  of  the 
board  of  directors  is  situated,  and  if  any  portion  of  said  dis- 
trict lie  within  another  county  or  counties,  then  said  notice 
shall  be  so  published  in  a  newspaper  published  within  each  of 
said  counties;  or  if  no  newspaper  be  published  therein,  then 
by  posting  such  notice  for  the  same  time  in  at  least  three 
public  places  in  said  district,  and  in  case  of  the  posting  of  said 
notices,  one  of  the  said  notices  must  be  so  posted  on  the  lands 
proposed  to  be  excluded.  The  notice  shall  state  the  filing  of 
such  petition,  the  names  of  the  petitioners,  description  of  the 
lands  mentioned  in  said  petition,  and  the  prayer  of  said  peti- 
tioners ;  and  it  shall  notify  all  persons  interested  to  appear  at 
the  office  of  said  board  at  a  time  in  said  notice,  and  show  cause 
in  writing,  if  any  they  have,  why  said  petition  should  not  be 
granted.  The  time  to  be  specified  in  the  notice  at  which  they 
shall  be  required  to  show  cause  shall  be  the  regular  meeting  of 
the  board  next  after  the  expiration  of  the  time  for  the  publica- 
tion of  the  notice.  The  petitioner  or  petitioners  shall  advance 
to  the  secretary  sufficient  money  to  pay  the  estimated  c'ost  of 
all  proceedings  under  the  petition  before  the  secretary  shall 
give  such  notice. 

Sec.  133.  (Sec.  47,  Chap  20,  Laws  1919.)  The  board  of 
directors  at  the  time  and  place  mentioned  in  the  notice,  or  at 
the  time  or  times  to  which  the  hearing  of  said  petition  may  be 
adjourned,  shall  proceed  to  hear  the  petition  and  all  objections 
thereto,  presented  in  writing  by  any  persons,  showing  cause  as 
aforesaid  why  the  prayer  of  said  petition  should  not  be  grant- 
ed. The  filing  of  such  petition  with  the  board,  as  aforesaid, 
shall  be  deemed  and  taken  as  an  assent  by  each  and  all  of  such 
petitioners  to  the  exclusion  from  such  district  of  the  lands 
mentioned  in  the  petition,  or  any  part  thereof. 

Sec.  134.     (Sec.  48,  Chap.  20,  Laws  1919.)     The  board  of 

-  65  - 


directors,  if  they  deem  it  not  for  the  best  interest  of  the  district 
that  the  lands  mentioned  in  the  petition  or  some  portion  there- 
of, should  be  excluded  from  said  district,  shall  order  that  saia 
petition  be  denied;  but  if  they  deem  it  for  the  best  interest 
of  the  district  that  the  lands  mentioned  in  the  petition,  or 
some  portion  thereof,  be  excluded  from  the  district,  and  if 
there  are  no  outstanding  bonds  of  the  district,  then  the  board 
may  order  the  lands  mentioned  in  the  petition,  or  some  de- 
fined portion  thereof,  to  be  excluded  from  the  district;  Pro- 
vided, if  within  thirty  days  from  the  making  of  such  order  a 
majority  of  the  qualified  electors  of  the  district  protest  in 
writing  to  said  board  against  the  exclusion  of  such  lands  from 
said  district,  said  order  shall  be  held  for  naught  and  such  lands 
shall  not  be  excluded  therefrom. 

Provided,  further,  that  in  case  contract  has  been  made  be- 
tween the  district  and  the  United  States  as  in  section  13  hereof 
provided,  no  change  shall  be  made  in  the  boundaries  of  the 
district,  and  the  board  of  directors  shall  make  no  order  chang- 
ing the  boundaries  of  the  district  until  the  Secretary  of  the  In- 
terior shall  assent  thereto  in  writing  and  such  assent  shall  be 
filed  with  the  board  of  directors. 

Sec.  135.  (Sec.  49,  Chap.  20,  Laws  1919.)  Upon  the  allow- 
ance of  such  petition  and  in  case  no  protest  has  been  filed 
with  the  board  within  thirty  days  after  the  entry  of  said  order 
as  aforesaid,  a  certified  copy  of  the  order  of  the  board  of  di- 
rectors making  such  change  and  a  plat  of  such  district  show- 
ing such  change,  certified  by  the  president  and  secretary,  shall 
be  filed  for  record  in  the  office  of  the  county  clerk  of  each 
county  in  which  are  situated  any  of  the  lands  of  the  district,- 
and  the  district  shall  remain  an  irrigation  district  as  fully  to 
every  intent  and  purpose  as  if  the  lands  which  are  excluded 
by  the  change  of  the  boundary  as  aforesaid,  had  not  been  ex- 
cluded therefrom.  And,  provided,  further,  that  in  case  con- 
tract has  been  made  between  the  district  and  the  United  States 
as  in  section  13  of  this  act  provided,  no  change  shall  be  made 
in  the  boundaries  of  the  district,  and  the  board  of  directors 
shall  make  no  order  changing  the  boundaries  of  the  district 
until  the  Secretary  of  the  Interior  shall  assent  thereto  in  writ- 
ing and  such  assent  be  filed  with  the  board  of  directors.  Upon 
the  filing  of  such  assent,  however,  the  lands  excluded  from  any 
such  district  shall  be  discharged  of  all  liens  in  favor  of  the 
United  States  under  any  contract  with  the  United  States  or 
under  bonds  deposited  with  its  agents. 

Sec.  136.  (Sec.  50,  Chap.  20,  Laws  1919.)  ^  At  least  thirty 
days  before  the  next  general  election  of  such  district  the  board 
of  directors  thereof  may  make  and  order,  dividing  said  district 
into  divisions,  as  nearly  equal  in  size  as  practicable,  being  in 
number  as  in  section  5  of  this  act  provided,  and  which  shall 

—  66  — 


be  numbered  consecutively,  and  one  director  shall  be  elected 
for  each  division  by  the  qualified  electors  of  the  whole  dis- 
trict. For  the  purpose  of  election  in  such  district  the  said 
board  of  directors  must  establish  a  convenient  number  of  elec- 
tion precincts  and  define  the  boundaries  thereof,  which  said 
precincts  may  be  changed  from  time  to  time,  as  the  board  of 
directors  may  deem  necessary. 

Sec.  137.  (Sec.  51,  Chap.  20,  Laws  1919.)  Whenever  a  ma- 
jority of  the  resident  freeholders,  representing  a  majority  of 
the  number  of  acres  of  irrigable  land,  in  any  irrigation  dis- 
trict organized  or  hereafter  to  be  organized,  under  this  act, 
shall  petition  the  board  of  directors  to  call  a  special  election 
for  the  purpose  of  submitting  to  the  qualified  electors  of  said 
irrigation  district,  a  proposition  to  vote  on  the  dissolution  of 
said  irrigation  district,  setting  forth  in  said  petition  that  all  bills 
and  claims  of  every  nature  whatsoever  have  been  fully  satisfied 
and  paid,  it  shall  be  the  duty  of  said  directors,  if  they  shall 
be  satisfied  that  all  bills  and  claims  have  been  fully  satisfied, 
to  call  an  election,  setting  forth  the  object  of  the  said  election, 
and  to  cause  notice  of  said  election  to  be  published  in  some 
newspaper  in  each  of  the  counties  or  county  in  which  said  dis- 
trict is  located,  for  a  period  of  thirty  (30)  days  prior  to  said 
election,  setting  forth  the  time  and  place  for  holding  said  elec- 
tion in  each  of  the  voting  precincts  in  said  district.  It  shall 
also  be  the  duty  of  the  directors  to  prepare  ballots  to  be  used 
at  said  election  on  which  shall  be  written  or  printed  the  words : 
"For  Dissolution— Yes,''  and  "For  Dissolution— No. " 

Sec.  138.  (Sec.  52,  Chap.  20,  Laws  1919.)  The  board  of  di- 
rectors shall  name  a  day  for  canvassing  the  vote,  and  if  it  shall 
appear  that  a  majority  of  the  ballots  contain  the  words,  "For 
Dissolution — Yes,"  then  it  shall  be  the  duty  of  said  board  of 
directors  to  declare  said  district  to  be  disorganized,  and  they 
shall  certify  such  fact  to  the  county  clerk  of  the  respective 
counties  in  which  the  district  is  situated,  stating  the  number 
of  signers  to  the  petition ;  that  said  election  was  called  and  set 

for  the „ day  of month  of. year ; 

that  said  election  was  held  and  that  so  many  votes  (stating 
the  number)  had  been  cast  for,  and  that  so  many  votes  (  stating 
the  number)  had  been  cast  against,  said  proposition.  Said 
certificate  shall  bear  the  seal  of  the  district,  and  the  signatures 
of  the  president  and  secretary  of  said  board  of  directors.  It 
shall  be  the  duty  of  the  said  respective  clerks  to  record  all 
such  certificates  in  the  records  of  the  respective  counties. 
Should  it  appear  that  a  majority  of  the  votes  cast  at  said  elec- 
tion were  "For  Dissolution — No,"  then  the  board  of  directors 
shall  declare  the  proposition  lost  and  shall  cause  the  result 
and  the  vote  to  be  made  a  part  of  the  records  of  said  irrigation 
district. 

Provided,  however,  that  no  dissolution  shall  be  made  of  the 

-  67- 


district,  and  the  board  of  directors  shall  make  no  order  dissolv- 
ing the  same  until  the  Secretary  of  the  Interior  shall  assent 
thereto  in  writing  and  such  assent  be  filed  with  the  board  of 
directors. 

Sec.  139.  (Sec.  53,  Chap.  20,  Lews  1919.)  The  board  of 
directors  of  any  irrigation  district  organized  under  the  pro- 
visions of  this  act  shall  commence  special  proceedings  in  and 
by  which  the  proceedings  of  said  board  and  of  said  district 
providing  for  and  authorizing  the  issue  and  sale  of  the  bonds 
of  said  district,  whether  said  bonds  or  any  of  them  have  or 
have  not  been  sold  or  disposed  of,  or  in  and  by  which  the  pro- 
ceedings of  said  board  and  of  said  district  providing  for  the 
authorization  of  contract  with  the  United  States  may  be  ju- 
dicially examined,  approved  and  confirmed.  Such  proceedings 
shall  be  brought  within  sixty  days  after  the  adoption  of  reso- 
lution by  the  board  declaring  that  the  bond  election  or  election 
for  the  authorization  of  the  execution  of  contract  with  the 
United  States  has  been  voted  upon  favorably  by  the  electorate 
of  the  district.  The  board  may,  however,  in  its  discretion, 
bring  an  action  prior  to  the  time  specified,  whereby  the  valid- 
ity of  the  organization  of  the  district  or  of  any  steps  leading 
to  the  issuance  of  bonds  or  to  the  making  of  contract  as  afore- 
said, may  be  separately  judicially  examined,  approved  and 
confirmed.  Within  sixty  days  after  the  ascertainment  of  the 
rate  or  percentage  of  drainage  benefits,  and  of  the  award  for 
damages  inflicted  by  drainage  works,  as  in  this  act  provided, 
the  board  shall  bring  a  similar  special  proceeding,  whereby 
such  assessment  and  award  may  be  judicially  examined,  ap- 
proved and  confirmed.  In  the  event  of  the  inclusion  by  any 
irrigation  district  of  additional  lands,  or  the  exclusion  of  lands 
previously  within  the  ^boundaries  of  any  such  district,  the 
board  of  directors  may,  if  they  deem  it  advisable  so  to  do,  in 
stitute  a  special  proceeding  in  like  manner  and  with  like  effect 
as  herein  provided  for  the  confirmation  of  bonds,  whereby  the 
proceedings  for  such  change  of  boundaries  may  be  judicially 
examined,  approved  and  confirmed. 

Sec.  140.  (Sec.  54,  Chap.  20,  Laws  1919.)  The  board  of  di- 
rectors of  the  irrigation  district  shall  file  in  the  district  court 
of  the  county  in  which  the  lands  of  the  district,  or  some  por- 
tion thereof,  are  situated,  a  petition  praying,  in  effect,  that 
the  proceedings  aforesaid  may  be  examined,  approved  and  con- 
firmed by  the  court.  The  petition  shall  state  the  facts  show- 
ing the  proceedings  had  for  the  issue  and  sale  of  bonds,  or  for 
tne  authorization  of  contract  with  the  United  States,  or  for  the 
determination  of  the  rate  of  drainage  benefits  and  award  of 
damages,  as  the  case  may  be,  and  shall  state  generally  that 
the  irrigation  district  was  duly  organized,  and  that  the  first 
board  of  directors  was  duly  elected,  but  the  petition  need  not 

—  68  — 


state  the  facts  showing  such  organization  of  the  district  or  the 
election  of  said  first  board  of  directors. 

Sec.  141.  (Sec.  55,  Chap.  20,  Laws  1919.)  The  court  shall 
fix  the  time  for  the  hearing  of  said  petition  and  shall  order 
the  clerk  of  the  court  to  give  and  publish  a  notice  of  the  filing 
of  such  petition.  The  notice  shall  be  given  and  published 
once  each  week  for  four  consecutive  weeks  in  a  newspaper  of 
general  circulation  published  in  each  county  wherein  shall 
be  situate  any  lands  within  the  district.  The  notice  shall  state 
the  time  and  place  fixed  for  the  hearing  of  the  petition  and  the 
prayer  of  the  petitioners,  and  that  any  person  interested  in  the 
organization  of  said  district  or  in  the  proceedings  for  the  issue 
or  sale  of  said  bonds,  or  in  any  such  other  proceedings  as  may 
be  in  question,  may,  on  or  before  the  day  fixed  for  the  hearing 
of  said  petition,  demur  to  or  answer  said  petition.  The  peti- 
tion may  be  referred  to  and  described  in  said  notice  as  the 

petition  of  the  board  of  directors  of irrigation 

district  (giving  its  name),  praying  that  the  proceedings  for  the 
issue  and  sale  of  said  bonds  of  said  district,  or  that  the  pro- 
ceedings for  the  authorization  of  contract  with  the  United 
States,  or  the  validity  of  the  determination  of  the  rate  of  drain- 
age benefits  and  of  the  award  of  damages,  as  the  cases  may 
be  respectively,  may  be  examined,  approved  and  confirmed  by 
the  court. 

Sec.  142.  (Sec.  56,  Chap.  20,  Laws  1919.)  Any  person  in- 
terested in  said  district  or  in  the  issue  or  sale  of  said  bonds, 
or  in  such  other  proceedings  as  may  be  in  issue  as  herein  pro- 
vided, may  demur  to  or  answer  said  petition.  The  provisions 
of  Chapter  LXXXVIII  respecting  the  demurrer  and  answer 
to  a  verified  complaint  shall  be  applicable  to  a  demurrer  and 
answer  to  said  petition.  The  person  so  demurring  and  answer- 
ing said  petition  shall  be  the  defendant  to  the  special  pro- 
ceedings and  the  board  of  directors  shall  be  the  plaintiff.  Every 
material  statement  of  the  petition  not  specifically  controverted 
by  the  answer  shall,  for  the  purpose  of  said  special  proceed- 
ings, be  taken  as  true,  and  each  person  failing  to  answer  the 
petition  shall  be  deemed  to  admit  as  true  all  the  material  state- 
ments of  the  petition.  The  rules  of  pleading  and  practice  relat- 
ing to  appeals  and  writs  of  error  as  provided  by  Chapter  43, 
Laws  of  1917,  which  are  not  inconsistent  with  the  provisions 
of  this  act  are  applicable  to  the  special  proceedings  herein 
provided  for;  provided,  appeals  to  the  supreme  court  of  the 
state  involving  the  special  proceedings  herein  mentioned  shall 
be  taken  within  twenty  days,  and  shall  be  perfected  within 
sixty  days  after  the  granting  of  any  such  appeal. 

Sec.  143.  (Sec.  57,  Chap.  20,  Laws  1919.)  Upon  the  hearing 
of  such  special  proceedings  the  court  shall  find  and  determine 
whether  the  notice  of  the  filing  of  the  petition  has  been  duly 

—  69  — 


given  and  published  for  the  time  and  in  the  manner  in  this 
act  prescribed,  and  shall  have  power  and  jurisdiction  to  ex- 
amine and  determine  the  legality  and  validity  of,  and  approve 
and  confirm,  each  and  all  of  the  proceedings  for  the  organiza- 
tion of  said  district  under  the  provisions  of  said  act,  from  and 
including  the  petition  for  the  organization  of  the  district,  and 
all  other  proceedings  which  may  affect  the  legality  or  validity 
of  said  bonds,  and  the  order  of  the  sale  and  the  sale  thereof, 
and  all  the  proceedings,  if  any,  as  the  case  may  be,  for  the 
authorization  of  contract  with  the  United  States,  and  the  valid- 
ity of  the  determination  of  the  rate  of  drainage  benefits  and 
award  of  damages,  which  shall  have  been  made  pursuant  to 
contract  with  the  United  States.  The  court,  in  inquiring  into 
the  regularity,  legality  or  correctness  of  said  proceedings,  must 
disregard  and  error,  irregularity  or  omission  which  does  not 
affect  the  substantial  rights  of  the  parties  to  said  special  pro- 
ceedings and  the  court  may  by  decree  approve  and  confirm  such 
proceedings  in  part,  and  disapprove  and  declare  illegal  or  in- 
valid other  or  subsequent  parts  of  the  proceedings.  The  cost  of 
the  special  proceedings  may  be  allowed  and  apportioned  be- 
tween the  parties,  in  the  discretion  of  the  court.  The  judgment 
when  finally  made  an  entered,  shall  be  res  judicata  in  all  cases 
arising  in  connection  with  the  organization  of  the  district,  and 
the  collection  of  taxes  for  payment  of  the  principal  and  interest 
of  bonds  or  for  payment  of  monies  required  by  contract  with 
the  United  States,  and  in  connection  with  the  award  of  dam- 
ages. Provided,  however,  that  a  re-opening  of  the  judgment 
upon  the  rate  of  drainage  benefits  may  be  had  at  the  petition 
of  the  board  of  directors,  upon  sufficient  cause  shown. 

Sec.  144.  (Sec.  58,  Chap.  20,  Laws  1919.)  Wherever  the 
word  district  is  used  in  this  act  it  shall  be  held  to  mean  and 
include  only  the  lands  described  in  the  official  order  establish- 
ing said  district  and  the  official  plat  thereof  on  record  in 
the  office  of  the  county  clerk,  as  hereinbefore  provided  in 
this  act,  and  such  lands  as  may  be  included  in  any  district 
in  accordance  with  the  provisions  of  section  34  to  43,  inclu- 
sive. 

Sec.  145.  (Sec.  59,  Chap.  20,  Laws  1919.)  This  act  shall  be 
construed  as  applying  only  to  districts  organized  for  the  pur- 
pose of  co-operation  with  the  United  States  under  the  federal 
reclamation  law  or  other  federal  laws  as  defined  in  section  1 
hereof  and  nothing  herein  contained  shall  be  so  construed  as  to 
affect  or  interfere  with  the  organization,  operation  or  main- 
tenance of  any  irrigation  district  organized  or  to  be  organized 
under  any  other  laws  of  this  state.  Nor  shall  this  act  be  so 
construed  as  to  affect  the  validity  of  any  district  heretofore 
organized  under  the  laws  of  this  state  for  the  purpose  of  co- 
operation with  the  United  States  under  the  federal  reclamation 

-  70  — 


law  or  other  federal  laws,  or  its  right  in  or  to  property  or  any 
of  its  rights  or  privileges  of  whatsoever  kind  or  nature;  but 
said  districts  are  hereby  made  subject  to  the  provisions  of 
this  act  so  far  as  applicable ;  nor  shall  this  act  be  construed 
to  affect,  impair  or  discharge  any  contract,  obligation,  lien 
or  charge,  for,  or  upon  which  such  district  was  or  might  be- 
come liable  or  chargeable  had  not  this  act  been  passed;  nor 
shall  it  affect  the  validity  of  any  bonds  which  have  been  issued 
and  sold,  or  issued  but  not  sold;  nor  shall  it  affect  any  action 
which  may  now  be  pending. 

Provided,  that  any  irrigation  district  heretofore  organized, 
or  hereafter  to  be  organized  under  the  provisions  of  any  other 
laws  of  this  state  which  may  desire  to  co-operate  with  the 
United  States  under  the  federal  reclamation  law  or  other  fed- 
eral laws,  may  enter  into  a  contract  with  the  United  States 
providing  for  such  co-operation  with  the  United  States,  and 
after  such  contract  shall  have  been  approved  by  a  majority  of 
the  qualified  electors  of  said  district  at  an  election  held  as 
provided  under  this  act,  such  irrigation  district  shall  thereafter 
become  subject  to  the  provisions  of  this  act. 

Sec.  146.  (Sec.  60,  Chap.  20,  Laws  1919.)  All  acts  or  parts 
of  acts  in  conflict  herewith  are  hereby  repealed. 

Sec.  147.  (Sec.  61,  Chap.  20,  Laws  1919.)  That  it  is  neces- 
sary for  the  preservation  of  the  public  peace  and  safety  of 
the  inhabitants  of  the  State  of  New  Mexico,  that  the  provisions 
of  this  act  shall  become  effective  at  the  earliest  possible  time, 
and  therefore  an  emergency  is  hereby  declared  to  exist  and  this 
act  shall  take  effect  and  be  in  full  force  and  effect  from  and 
after  its  passage  and  approval. 

Sec.  148.  (Sec.  1,  Chap.  41,  Laws  1919.)  Whenever  a  major- 
ity of  the  resident  freeholders  owning  more  than  one-half  of 
the  lands  or  the  evidence  of  title  to  said  lands  in  any  dis- 
trict in  the  State  of  New  Mexico  desire  to  provide  for  the 
irrigation  of  the  same  they  may  propose  the  organization  of  an 
irrigation  district  under  the  provisions  of  this  act,  and  when  so 
organized  each  district  shall  have  the  powers  conferred  or  that 
may  hereafter  be  conferred  by  law  upon  such  irrigation  dis- 
trict; Provided,  that  where  ditches,  canals  or  reservoirs  were 
constructed  before  March  18,  1909,  such  ditches,  canals,  reser- 
voirs and  franchises  and  the  lands  irrigated  therefrom  shall 
be  exempt  from  the  operation  of  this  acj,  unless  such  district 
be  formed  to  purchase,  acquire  or  lease  such  ditches,  canals, 
reservoirs  and  their  franchises,  or  unless  a  statement,  signed 
by  at  least  four-fifths  in  number  of  the  owners  of  any  such 
ditch,  canal  or  reservoir  and  of  the  franchise  and  water  rights 
therefor  and  of  the  lands  irrigated  therefrom,  be  filed  with 
the  board  of  county  commissioners  of  each  county  in  which 
such  ditch,  canal,  reservoir  and  lands  are  situate,  giving  their 

71 


consent  that  such,  ditch,  canal,  reservoir,  franchise,  water  rights 
and  lands  may  be  included  in  one  or  more  irrigation  districts 
organized  or  to  be  organized  under  the  provisions  of  this  Act, 
which  statement  shall  be  recorded  in  the  office  of  the  county 
clerk  of  said  county. 

Sec.  149.  (Sec.  2,  Chap.  41,  Laws  1919.)  Nothing  in  this 
Act  shall  be  construed  to  in  any  manner  affect  the  rights  of 
water  users  under  community  ditches  in  towns  or  villages 
in  this  state  as  to  their  voting  power  in  determining  whether 
any  such  ditch  shall  be  included  in  an  irrigation  district, 
and  each  of  said  water  users  shall  have  the  same  right  and 
voice  in  determining  such  question  and  in  the  signing  of  the 
statement  provided  for  in  the  preceding  section  as  he  has  in 
the  control  and  management  of  such  ditch. 

Sec.  150.  (Sec.  3,  Chap.  41,  Laws  1919.)  For  the  purpose 
of  the  establishment  of  an  irrigation  district  as  provided 
by  this  Act,  a  petition  shall  be  filed  with  the  board  of 
county  commissioners  of  the  county  which  embraces  the 
largest  acreage  of  the  proposed  district  praying  that  said 
board  define  and  establish  the  boundaries  of  said  pro- 
posed district  and  submit  the  question  of  the  final  organization 
of  the  same  to  the  vote  of  the  qualified  electors  resident  there- 
in. Said  petition  shall  state  that  it  is  the  purpose  of  the  peti- 
tioners to  organize  an  irrigation  district  under  the  provisions  of 
this  Act  and  shall  also  contain  a  general  description  of  the 
boundaries  of  such  proposed  district,  the  means  proposed  to 
supply  water  for  the  irrigation  of  the  lands  embraced  therein, 
the  name  proposed  for  such  district  and  the  names  of  three  of 
said  petitioners  selected  as  a  committee  to  present  such  petition 
to  the  Board  of  County  Commissioners.  Said  petition  shall  be 
signed  by  a  majority  of  the  resident  freeholders  within  said  pro- 
posed district,  and  who  shall  also  be  the  owners  in  the  aggre- 
gate of  a  majority  of  the  whole  number  of  acres  of  land  within 
the  said  proposed  district.  The  said  petition  shall  also  be  ac- 
companied by  a  good  and  sufficient  bond,  to  be  approved  by 
said  Board  of  County  Commissioners  in  double  the  amount  of 
the  probable  cost  of  organizing  such  dictrict,  conditioned  for 
the  payment  of  all  costs  incurred  in  said  proceeding  in  case 
said  organization  shall  not  be  effected,  but  in  case  such  organi- 
zation is  so  effected,  then  said  expenses  incurred  by  the  Board 
of  County  Commissioners  shall  be  paid  back  to  said  county  by 
said  district.  Such  petition  shall  be  published  both  in  English 
and  Spanish  for  at  least  two  weeks  before  the  time  at  which 
the  same  is  to  be  presented,  in  some  newspaper  of  general  cir- 
culation published  in  the  county  where  said  petition  is  to  be 
presented,  together  with  a  notice  signed  by  the  committee  of 
said  petitioners  selected  by  the  petition  for  that  purpose  stat- 
ing the  time  and  place  of  presentation  of  the  same  to  said 

-  72  — 


Board  of  County  Commissioners.  The  last  publication  shall  be 
made  not  less  than  five  days  prior  to  the  time  fixed  by  said 
notice  for  presenting  said  petition.1 

For  the  purpose  of  this  Act  the  term  "resident  freeholder" 
shall  be  construed  to  mean  any  citizen  of  the  United  States  who 
owns  lands  within  the  district  or  the  evidence  of  title  to  said 
land,  or  who  is  an  entryman  under  the  public  land  laws  of  the 
United  States  or  a  purchaser  under  contract  for  purchase  of 
State  lands,  and  shall  also  include  corporations,  associations 
and  co-partnerships  owning  land  within  the  district.  The  presi- 
dent or  vice-president  of  such  corporation  or  association,  or 
any  members  of  such  co-partnership,  if  a  citizen  of  the  United 
States,  may  represent  such  corporation,  association  or  co-part- 
nership respectively  in  signing  such  petition  or  any  other  peti- 
tion or  protest  provided  for  in  this  Act. 

Sec.  151.  (Sec.  4,  Chap.  41,  Laws  1919.)  When  such  pe- 
tition is  presented  and  it  shall  appear  that  the  notice 
of  the  presentation  of  said  petition  has  been  given  as 
required  by  law,  and  that  said  petition  has  been  signed 
by  the  requisite  number  of  petitioners  as  required  by  this  Act, 
the  commissioners  shall  then  proceed  to  define  the  boundaries 
of  said  proposed  district  from  said  petition  and  from  such 
applications  for  the  exclusion  of  lands  therefrom  and  the  in- 
clusion of  lands  therein  as  may  be  made  in  accordance  with  the 
intent  of  this  Act.  They  may  adjourn  such  examination  from 
time  to  time  not  exceeding  three  weeks  in  all  and  shall  by  final 
order  duly  enter  upon  their  records  define  and  establish  the 
boundaries  of  such  proposed  district;  Provided,  That  the  said 
Board  shall  not  modify  such  proposed  boundaries  described  in 
the  petition  so  as  to  change  the  objects  of  said  petition  or  so  as 
to  exempt  from  the  operation  of  this  Act  any  land  within  the 
boundaries  proposed  by  the  petition  susceptible  to  irrigation  by 
the  same  system  of  irrigation  works  applicable  to  other  lands 
in  such  proposed  district ;  nor  shall  any  land  which  will  not  in 
the  judgment  of  the  Board  be  benefited  by  such  proposed  sys- 
tem be  included  in  such  district  if  the  owner  thereof  shall  make 
application  at  such  hearing  to  withdraw  the  same;  Provided, 
also,  That  contiguous  lands  not  included  in  said  proposed  dis- 
trict as  described  in  the  petition  may  upon  application  of  the 
owner  or  owners  be  included  in  such  district  upon  such  hear- 
ing, if  it  shall  be  determined  by  said  board  that  the  water  sup- 
ply for  such  additional  lands  is  available  and  that  in  other  re- 
spects it  is  feasible  for  the  lands  of  such  applicant  to  be  in- 
cluded within  such  district. 

When  the  boundaries  of  any  proposed  district  shall  have 
been  examined  and  defined  as  aforesaid  the  Commissioners 
shall  forthwith  make  an  order  allowing  the  prayer  of  said  peti- 
tion, defining  and  establishing  the  boundaries  and  designating 

—  73  — 


the  name  of  such,  proposed  district.  Thereupon  the  said  Com- 
missioners shall  by  further  order  duly  entered  upon  their  rec- 
ords call  an  election  of  the  qualified  electors  of  said  district  to 
be  held  for  the  purpose  of  determining  whether  such  district 
shall  be  organized  under  the  provisions  of  this  Act,  and  by  such 
order  shall  submit  the  names  of  one  or  more  persons  from  each 
of  the  three  divisions  of  said  district  as  hereinafter  provided  to 
be  voted  for  as  directors  therein,  and  for  the  purpose  of  said 
election  shall  divide  said  district  into  three  divisions  as  nearly 
equal  in  size  as  may  be  practicable  to  be  numbered  respectively 
1,  2  and  3,  and  shall  provide  that  a  qualified  elector  of  each  of 
said  three  divisions  shall  be  elected  as  a  member  of  the  board  of 
directors  of  said  district  by  the  qualified  electors  of  the  whole 
district.  Each  of  said  divisions  shall  constsitute  an  election  pre- 
cinct and  the  Commissioners  shall  appoint  three  judges  for  each 
of  such  precinct,  one  of  whom  shall  act  as  clerk  of  said  elec- 
tion; Provided,  That  in  the  hearing  of  any  such  petition  the 
Board  of  County  Commissioners  shall  disregard  any  informali- 
ty therein,  and  in  case  they  deny  the  same  or  dismiss  it  for  any 
reason  on  account  of  the  provisions  of  this  Act  not  having  been 
complied  with,  which  is  the  only  reason  upon  which  they  shall 
have  a  right  to  refuse  to  dismiss  the  same,  they  shall  state  their 
reason  in  writing  therefor  in  detail,  which  shall  be  entered  up- 
on their  records ;  and  in  case  such  reason  is  not  well  founded,  a 
writ  of  mandamus  shall,  upon  proper  application  therefor,  be 
issued  out  of  the  district  court  of  said  county,  compelling  them 
to  act  in  compliance  with  this  Act,  which  writ  shall  be  heard 
within  twenty  days  from  the  date  of  its  issuance.  The  affairs  of 
such  district  shall  be  managed  by  a  board  of  three  directors. 

Sec.  152.  (Sec.  5,  Chap.  41,  Laws  1919.)  The  Board 
of  County  Commissioners  shall  thereupon  cause  notice 
embodying  said  orders  in  substance  signed  by  the  chair- 
man and  clerk  of  said  board  to  be  issued,  given  and 
published,  giving  public  notice  of  said  election,  the  time  and 
places  thereof,  and  the  matters  submitted  to  the  vote  of  the 
electors.  Said  notice  and  order  shall  be  published  once  a  week 
for  at  least  three  weeks  immediately  prior  to  the  date  fixed  for 
such  election  in  a  newspaper  of  general  circulation  published 
in  said  county,  and  if  any  portion  of  such  proposed  district  lies 
within  any  other  county  or  counties,  then  such  order  and  notice 
shall  be  published  in  a  newspaper  of  general  circulation  pub- 
lished within  each  of  said  counties.  At  said  election  and  all  elec- 
tions held  under  the  provisions  of  this  Act,  all  persons  who  are 
resident  freeholders  and  owners  of  land  within  such  district, 
who  are  citizens  of  the  United  States  over  twenty-one  years  of 
age  (except  idiots,  insane  persons,  convicted  felons  not  restored 
to  political  rights  and  Indians  not  taxed)  shall  be  qualified 
electors:  Provided,  that  if  any  farm  or  tract  of  land  in  such 


district  is  owned  by  more  than  one  owner,  only  one  person 
shall  be  permitted  to  vote  at  any  election  as  the  owner  of  such 
one  farm  or  tract  of  land.  Insofar  as  applicable  the  general 
election  laws  of  the  State,  except  requirements  for  registration 
and  except  as  otherwise  provided  in  this  Act,  shall  govern  such 
elections.  The  ballots  to  be  used  and  cast  at  such  election  for 
the  formation  of  such  district  shall  have  printed  thereon  the 
words:  " Irrigation  District — Yes,"  and  " Irrigation  District — 
No,"  or  words  equivalent  thereto,  and  shall  klso  contain  the 
names  of  the  persons  to  be  voted  for  as  members  of  the  board 
of  directors  of  said  district.  Each  elector  may  vote  for  three 
directors,  one  from  each  division,  and  shall  indicate  his  vote  by 
placing  a  marginal  cross  upon  the  ballot  for  or  against  any 
question  submitted  or  name  voted  upon  and  opposite  thereto. 
Sec.  153.     (Sec.  6,  Chap.  41,  Laws  1919.)     The  said  Board  of 
County  Commissioners  shall  meet  on  the  second  Monday  next 
after  such  election  and  canvass  the  votes  cast  thereat;  and  if 
it  appears  upon  such  canvass  that  at  least  two-thirds  of  the 
qualified  electors  voting  at  said  election  have  voted  "Irriga- 
tion District — Yes,"  the  said  board  shall,  by  order  duly  en- 
tered upon  the  records,  declare  such  territory  duly  organized 
as  an  irrigation  district  under  the  name  and  style  theretofore 
designated,  and  shall  declare  the  persons  receiving  respectively 
the  highest  number  of  votes  for  director  to  be  duly  elected  to 
such  office.    Said  board  shall  cause  a  copy  of  such  order,  in- 
cluding a  plat  of  said  district,  duly  certified  by  the  clerk  of 
the  board  of  county  commissioners,  to  be  immediately  filed 
for  record  in  the  office  of  the  county  clerk  of  each  county  in 
which  any  portion  of  such  lands  are  situated,  and  no  board  of 
county  commissioners  of  any  county  including  any  portion  of 
such  district  shall,  after  the  date  of  organization  of  such  dis- 
trict, allow  another  district  to  be  formed  including  any  of  the 
lands  of  such  district,  without  the  consent  of  the  board  of 
directors  thereof;  and  from  and  after  the  date  of  such  filing 
the  organization  of  such  district  shall  be  complete  and  the  of- 
ficers thereof  shall  immediately  enter  upon  the  duties  of  their 
respective  offices,  upon  qualifying  in  accordance  with  law,  and 
shall  hold  such  offices,  resepctively,  until  their  successors  are 
elected  and  qualified.     The  boundaries  of  said  divisions  and 
the  voting  precincts  and  polling  places  in  any  such  district 
may,  after  such  first  election,  be   changed  by  order  of  the 
board  of  directors  of  the  district;  Provided  that  the  polling 
places  shall  be  designated  in  the  notice  published  for  every 
election  in  the  district. 

Sec.  154.  (Sec.  7,  Chap.  41,  Laws  1919.)  The  regular  elec- 
tion of  said  district  shall  be  held  on  the  first  Tuesday  after  the 
first  Monday  in  December  in  each  second  calendar  year  there- 
after, at  which  said  officers  shall  be  elected.  The  person  re- 

—  75  — 


ceiving  the  highest  number  of  votes  for  any  office  to  be  filled 
at  such  election  is  elected  thereto.  Within  ten  days  after  re- 
ceiving their  certificates  of  election,  hereinafter  provided  for, 
said  officers  shall  take  and  subscribe  the  official  oath  and  file 
the  same  in  the  office  of  the  county  clerk  of  the  county  where 
the  organization  was  effected,  and  thereupon  immediately  as- 
sume the  duties  of  their  respective  offices.  Each  member  of 
said  board  of  directors  shall  execute  an  official  bond  in  the 
sum  of  three  thousand  dollars  ($3,000.00),  which  bond  shall 
be  approved  by  the  chairman  of  the  board  of  county  commis- 
sioners of  said  county  and  shall  be  recorded  in  the  office  of 
the  probate  clerk  and  ex-officio  county  recorder  thereof.  All 
official  bonds  herein  provided  for  shall  be  in  form  prescribed 
by  law  for  official  bonds  for  county  officials,  except  that  the 
obligee  named  in  said  bond  shall  be  the  said  district.  The  pre- 
miums upon  such  bonds  and  the  bonds  required  from  any  other 
officer  of  the  district  shall  be  paid  by  the  district. 

Sec.  155.  (Sec.  8,  Chap.  41,  Laws  1919.)  The  office  of  the 
board  of  directors  shall  be  located' in  the  county  where  the 
organization  was  effected.  Fifteen  days  before  any  election 
held  under  this  Act,  subsequent  to  the  organization  of  the  dis- 
trict, the  secretary  who  shall  be  appointed  by  the  board  of 
directors  shall  cause  notice,  specifying  the  polling  places  of 
each  precinct,  to  be  posted  in  three  public  places  in  each  elec- 
tion, precint  of  the  time  and  place  of  holding  the  election, 
and  shall  also  post  a  general  notice  of  the  same  in  the  of- 
fice of  said  board,  which  shall  be  established  and  kept  at  some 
fixed  place  to  be  determined  by  said  board  in  said  county. 
Prior  to  the  time  for  posting  the  notices,  said  board  must  ap- 
point from  each  precinct,  from  the  electors  thereof,  three 
judges,  one  of  whom  shall  act  as  clerk,  who  shall  constitute  a 
board  of  election  for  such  precinct.  If  the  board  fails  to  ap- 
point a  board  of  election,  or  the  members  appointed  do  not 
attend  the  opening  of  the  polls  on  the  morning  of  election,  the 
electors  of  the  precinct  present  at  the  hour  may  appoint  the 
board  or  supply  the  place  of  an  absent  member  thereof.  The 
board  of  directors  must,  in  its  order  appointing  the  board  of 
election,  designate  the  hour  and  the  place  in  the  precinct  where 
the  election  must  be  held.  » 

Sec.  156.  (Sec.  9,  Chap.  41,  Laws  1919.)  One  of  the  judges 
shall  be  chairman  of  the  election  board  and  may:  First — ad- 
minister all  oaths  required  in  the  progress  of  any  election. 
Second — appoint  judges  and  clerks,  if  during  the  progress  of 
the  election  any  judge  or  clerk  ceases  to  act.  Any  member 
of  the  board  of  election,  or  any  clerk  thereof,  may  administer 
and  certify  the  oaths  required  to  be  administered  during  the 
progress  of  an  election.  Before  opening  the  polls,  each  mem- 
ber of  the  board  must  take  and  subscribe  an  oath  to  faithfully 

—  76  — 


perform  the  duties  imposed  upon  him  by  law.  An  elector  of 
the  precinct  may  administer  and  certify  such  oath.  The  polls 
must  be  opened  at  eight  o'clock  in  the  morning  of  election  and 
be  kept  open  until  six  o  'clock  p.  m.  of  the  same  day.  It  shall 
tie  the  duty  of  the  clerk  of  the  board  of  election  to  forthwith 
deliver  the  return  duly  certified  to  the  board  of  directors  of 
the  district.  » 

Sec.  157.  (Sec.  10,  Chap.  41,  Laws  1919.)  No  list,  tally 
paper,  or  certificate  returned  from  any  election  shall  be  set 
aside  or  rejected  for  want  of  form,  if  it  can  be  satisfactorily 
understood.  The  board  of  directors  must  meet  at  its  usual 
place  of  meeting  on  the  first  Monday  after  election  and  canvass 
the  returns.  If  at  the  time  of  meeting  the  returns  from  each 
precinct  in  the  district  in  which  the  polls  were  open  have  been 
received,  the  board  of  directors  must  then  and  there  proceed 
to  canvass  the  returns ;  but  if  all  the  returns  have  not  been  re- 
ceived, the  canvass  must  be  postponed  from  day  to  day  until 
the  returns  have  been  received,  or  until  six  postponements 
have  been  had.  The  canvass  must  be  made  in  public  and  by 
opening  the  returns  and  counting  the  votes  cast  for  each  per-- 
son  voted  for,  or  as  to  each  question  voted  upon,  and  declaring 
the  results  thereof.  The  board  shall  declare  elected  the  per- 
son receiving  the  highest  number  of  votes  so  returned  for  each 
office  and  also  declare  the  results  as  to  any  question  submitted. 

Sec.  158.  (Sec.  11,  Chap.  41,  Laws  1919.)  The  secretary  of 
the  board  of  directors  must,  as  soon  as  the  result  of  any  elec- 
tion held  under  the  provisions  of  this  act  is  declared,  enter  in 
the  records  of  such  board  and  file  with  the  county  clerk  of  the 
county  in  which  the  office  of  said  district  is  located,  a  state- 
ment of  such  result,  which  statement  must  show :  First,  a  copy 
of  the  publication  notice  of  said  election;  second,  the  names 
of  the  judges  of  said  election ;  third,  the  whole  number  of  votes 
cast  in  the  district  and  in  each  precinct  of  the  district ;  fourth, 
the  names  of  the  persons  voted  for;  fifth,  the  number  of  votes 
cast  in  the  district  for  each  of  such  persons;  sixth,  the  names 
of  the  persons  declared  elected ;  seventh,  the  result  declared  on 
any  question  submitted,  in  accordance  with  the  majority  of 
the  votes  cast  for  or  against  such  question.  The  secretary 
must  immediately  make  out  and  deliver  to  the  person  elected 
a  certificate  of  election,  signed  by  him  and  authenticated  with 
the  seal  of  the  board.  In  case  a  vacancy  in  the  board  of  direct- 
ors by  death,  removal,  or  inability  from  any  cause  to  properly 
discharge  the  duties  as  such  director,  the  vacancy  shall  be  filled 
by  appointment  by  the  remaining  members  of  the  board,  and 
upon  their  failure  or  inability  to  act  within  thirty  days  after 
such  vacancy  occurs,  then  upon  petition  of  five  electors  of  said 
district  the  board  of  county  commissioners  of  the  county  where 
the  office  of  said  board  of  directors  is  situate,  shall  fill  such 

—  77  — 


vacancy  or  vacancies.  Any  director  appointed  as  above  pro- 
vided shall  hold  his  office  until  the  next  general  election  of 
said  district,  and  until  his  successor  is  elected  and  qualified. 

Sec.  159.  (Sec.  12,  Chap.  41,  Laws  1919.)  The  directors, 
having  duly  qualified,  shall  organize  as  a  board,  elect  a  presi- 
dent from  their  number,  and  appoint  a  secretary.  The  board 
shall  have  power  and  it  shall  be  their  duty  to  adopt  a  seal, 
manage  and  conduct  the  affairs  and  business,  of  the  district, 
make  and  execute  all  necessary  contracts,  employ  such  agents, 
attorneys,  officers  and  employes  as  may  be  required  and  pre- 
scribe their  duties,  establish  equitable  rules  and  regulations 
for  the  distribution  and  use  of  water  among  the  owners  of  said 
land  and  generally  perform  all  such  acts  as  shall  be  necessary 
to  fully  carry  out  the  purposes  of  this  act;  which  regulations, 
among  other  things,  shall  provide  that  no  water  shall  be  de- 
livered from  the  irrigation  system  of  the  district  for  irrigation 
of  any  land  while  the  taxes  or  tolls  due  thereon  or  from  the 
owner  thereof  for  district  purposes  levied  or  imposed  under 
the  provisions  of  this  act  are  in  arrears  for  more  than  twelve 
months.  As  soon  as  practicable  after  the  board  shall  have  or- 
ganized it  shall  employ  a  competent  hydraulic  engineer  to  de- 
termine and  report  upon  the  water  supply  available  for  the 
district  which  report  shall  be  a  full  and  complete  record  of  all 
hydrographic  data  available  and  relating  to  the  stream, 
streams  or  other  sources  of  water  supply  from  which  water 
for  the  district  is  to  be  obtained;  the  report  shall  contain  an 
estimate  of  the  average  amount  of  water  available  for  each  acre 
of  land  per  year  and  shall  show  approximately  the  probable 
amounts  available  for  irrigation  or  storage  during  each  week 
of  the  year.  The  report  accompanied  by  an  examination  fee 
of  $25.00,  shall  be  submitted  to  the  State  Engineer  for  his  ex- 
amination and  if  he  shall  find  such  report  to  be  a  full  and 
complete  record  of  the  available  hydrographic  data,  that  the 
calculations  are  correct,  and  that  there  will  be  water  in  the 
source  or  sources  of  supply  sufficient  to  properly  irrigate  the 
lands  included  within  such  district,  he  shall  so  certify  under 
his  hand  and  official  seal.  If  the  report  submitted  is  found 
toj  be  insufficient,  or  incorrect,  the  State  Engineer  shall  return 
the  same  for  correction  to  the  directors  of  the  district  with  a 
statement  of  his  objections.  If  such  report  is  not  corrected  so 
us  to  meet  with  the  approval  of  the  State  Engineer  or  if  from 
such  report  and  other  available  information  the  engineer  is  of 
the  opinion  that  there  is  not  sufficient  water  in  the  source  or 
sources  of  supply  to  properly  irrigate  the  lands  included  within 
said  district,  he  shall  disapprove  said  report. 

The  board  of  directors  shall  have  the  right  to  appeal  from 
the  decision  of  the  State  Engineer  to  the  district  court  of 
the  district  in  which  such  irrigation  district  is  located,  where 

—  78  — 


the  sufficiency  and  accuracy  of  the  report  and  available  water 
supply  shall  be  determined.  Until  the  report  is  approved  by 
the  State  Engineer  or  the  courts,  no  bond  issue  shall  be  made 
as  provided  for  in  section  15  of  this  act.  A  copy  of  such  re- 
port shall  be  kept  on  file  in  the  office  of  the  State  Engineer 
and  the  secretary  of  irrigation  district,  and  shall  be. available 
for  examination  by  any  person  desiring  to  do  so. 

Said  board  shall  have  the  power  (in  addition  to  the  means 
to  supply  water  to  said  district)  to  construct,  acquire  or  pur- 
chase any  and  all  canals,  ditches,  reservoirs,  reservoir  sites, 
water  water  rights,  rights  of  way,  or  other  property  necessary 
for  the  use  of  the  district  and  to  contract  with  any  person, 
corporation  or  other  irrigation  district  for  supplying  water  for 
any  or  all  of  the  lands  in  said  district;  and  also  to  construct 
drainage  works  necessary  to  prevent  or  relieve  the  water  log- 
ging of  any  lands  within  the  district.  In  case  of  the  purchase 
of  any  property  by  said  district  the  bonds  of  the  district  here-t 
inafter  provided  for  may  be  used  at  their  par  value  in  payment 
without  previous  offer  of  such  bonds  for  sale.  But  no  contract 
involving  a  consideration  exceeding  ten  thousand  dollars  and 
no  contract  for  the  purchase,  rental  or  delivery  of  water  in- 
volving annual  charges  or  payments  exceeding  fifteen  thous- 
and dollars  per  annum  shall  be  binding  unless  such  contract 
shall  be  authorized  and  ratified  in  writing  by  not  less  than  a 
majority  of  the  qualified  electors  of  said  district  according  to 
the  number  of  votes  cast  at  the  last  preceding  district  election; 
nor  shall  any  contract  involving  payment  in  excess  of  twenty- 
five  thousand  dollars  in  any  one  year  be  binding  until  such 
contract  shall  have  been  authorized  and  ratified  at  an  election 
held  in  the  manner  provided  for  the  issue  of  bonds. 

The  rules  and  regulations  established  by  said  board  shall 
be  printed  in  convenient  form  as  soon  as  the  same  are  adopted, 
for  distribution  in  the  district.  All  waters  distributed  shall  be 
apportioned  to  each  land  owner  pro-rata  to  the  lands  assessed 
under  this  act  within  such  district.  The  board  of  directors  shall 
have  power  to  lease  or  rent  the  use  of  water  or  contract  for  thei 
delivery  thereof  to  occupants  of  other  lands  within  or  without 
the  said  district  at  such  prices  and  on -such  terms  as  they  deem 
best,  provided  the  rental  shall  not  be  less  than  one  and  one- 
half  times  the  amount  of  the  district  tax  for  which  said  land 
would  be  liable  if  included  in  the  district  lands  assessed  under 
this  act;  Provided,  no  vested  or  prescriptive  rights  to  the  use 
of  such  water  shall  attach  to  said  land  by  virtue  of  such  lease 
or  such  rental;  Provided,  also,  that  any  land  owner  in  said 
district  may  with  the  consent  of  the  board  of  directors  assign 
the  right  to  the  whole  or  any  portion  of  the  water  so  appor- 
tioned to  him  for  any  one  year  where  practicable  to  any  other 

—  79  — 


bona  fide  land  owner  but  only  in  case  such  owner  shall  have 
paid  all  amounts  due  on  assessments  upon  all  such  lands. 

Sec.  160.  (Sec.  13,  Chap.  41,  Laws  1919.)  The  board  of 
directors  shall  hold  a  regular  quarterly  meeting  in  their  office 
on  the  first  Tuesday  in  January,  April,  July  and  October  of 
each  year  and  such  special  meetings  as  may  be  required  for 
the  proper  transaction  of  business.  All  special  meetings  shall 
be  called  by  the  president  of  the  board,  or  any  two  directors. 
All  meetings  of  the  board  must  be  made  public,  and  two  mem- 
bers shall  constitute  a  quorum  for  the  transaction  of  business ; 
and  on  all  questions  requiring  a  vote  there  shall  be  a  concur- 
rence of  at  least  two  members  of  said  board.  All  records  of  the 
board  must  be  open  to  the  inspection  of  any  elector  during 
business  hours.  The  board,  its  agents,  and  employes,  shall  have 
the  right  to  enter  upon  any  land  in  the  district  to  make  sur- 
veys and  to  locate  and  construct  any  canal  or  canals  and  the 
necessary  laterals.  Said  board  shall  also  have  the  right  to 
acquire  all  lands,  water  rights,  franchises  and  other  property 
necessary  for  the  construction,  use,,  maintenance,  repair  and 
improvement  of  its  canals,  ditches,  reservoirs  and  water  works ; 
and  shall  also  have  the  right  by  purchase  or  condemnation  to 
acquire  rights  of  way  for  the  construction  or  enlargement  of 
any  of  its  ditches,  canals  or  reservoirs,  also  lands  for  reservoir 
sites. 

The  title  to  all  property  acquired  under  the  provisions  of 
this  act  shall  immediately  and  by  operation  of  law  vest  in 
such  irrigation  district,  in  its  corporate  name,  and  such  proper- 
ty shall  be  held  for  the  uses  and  purposes  set  forth  in  this  act, 
and  shall  be  exempt  from  all  taxation. 

Sec.  161.  (Sec.  14,  Chap  41,  Jjaws  1919.)  The  said  board  is 
hereby  authorized  and  empowered  to  take  conveyances  or  con- 
tracts for  all  property  or  rights  acquired  by  it  under  the  pro- 
visions of  this  act  in  the  name  of  such  irrigation  district  to 
and  for  the  purposes  herein  expressed,  and  to  institute  and 
maintain  any  and  all  actions,  proceedings  and  suits  at  law  or 
in  equity,  necessary  or  proper  in  order  to  fully  carry  out  the 
provisions  of  this  act,  or  to  enforce,  maintain,  protect  or  pre- 
serve any  or  all  rights,  privileges  and  immunities  created  by 
this  act  or  required  in  pursuance  thereof.  And  in  all  courts, 
actions,  suits,  or  proceedings  the  said  board  may  sue,  appear 
and  defend  in  person  or  by  attorneys  and  in  the  name  of  such 
irrigation  district.  Judicial  notice  shall  be  taken  in  all  ac- 
tions, suits  and  proceedings  in  any  court  of  this  state  of  the 
organization  and  existence  of  any  irrigation  district  in  this 
state  now  or  hereafter  organized,  from  and  after  the  filing  for 
record  in  the  office  of  the  county  clerk  of  the  certified  copy  of 
the  order  of  the  board  of  county  commissioners  mentioned  in 
section  6  of  this  act;  and  a  certified  copy  of  said  order  shall 

—  80  — 


be  prima  facie  evidence  in  all  actions,  suits  and  proceedings  in 
any  court  in  this  state  of  the  regularity  and  legal  sufficiency 
of  all  acts,  matters  and  proceedings  therein  recited  and  set 
forth,  and  any  such  irrigation  district  in  regard  to  which  any 
such  order  has  been  heretofore  or  may  hereafter  be  entered, 
and  such  certified  copy  thereof  so  filed  for  record,  and  which 
has  exercised  or  shall  exercise  rights  and  powers  of  such  dis- 
trict, and  shall  have  had  or  shall  have  in  office  a  board  of  di- 
rectors exercising  the  duties  of  their  office  and  the  legality  or 
regularity  of  the  formation  or  organization  whereof  shall  not 
have  been  questioned  by  proceedings  in  quo  warranto  insti- 
tuted in  the  district  court  of  the  county  in  which  such  district 
or  the  greater  portion  thereof  is  situated  within  one  year  from 
the  date  of  such  filing,  shall  be  conclusively  deemed  to  be  a  le- 
gally and  regularly  organized,  established  and  existing  irriga- 
tion district  within  the  meaning  of  this  act,  and  its  due  and 
lawful  formation  and  organization  shall  not  thereafter  be  ques- 
tioned in  any  action,  suit  or  proceeding  whether  brought  under 
the  provisions  of  this  act  or  otherwise. 

Sec.  162.  (Sec.  15,  Chap.  41,  1919.)  For  the  purpose  of 
constructing  or  purchasing  or  acquiring  necessary  reservoir 
sites,  water  rights,  canals,  ditches  and  works,  including  neces- 
sary drainage  works,  and  acquiring  the  necessary  property 
rights  therefor,  for  the  purpose  of  paying  the  first  year's  inter- 
est upon  the  bonds  herein  authorized,  and  otherwise  carrying 
out  the  provisions  of  this  act,  the  board  of  directors  of  any  such 
district  shall,  as  soon  after  such  district  has  been  organized 
as  may  be  practicable,  estimate  and  determine  the  amount  of 
money  necessary  to  be  raised  for  such  purposes,  and  shall 
forthwith  call  a  special  election,  at  which  election  shall  be  sub- 
miitted  to  the  electors  of  such  district  possessing  the  qualifica- 
tions prescribed  by  this  act  the  question  of  whether  or  not  the 
bonds  of  said  district  shall  be  issued  in  the  amount  so  determin- 
ed. A  notice  of  such  election  must  be  given  by  publication  of 
such  notice  in  some  newspaper  published  in  the  county  where 
the  office  of  the  board  of  directors  of  such  district  is  required 
to  be  kept,  once  a  week  for  at  least  three  successive  weeks  im- 
mediately preceding  the  date  of  such  election.  Such  notice 
shall  specify  the  time  of  holding  the  election,  the  amount  of 
bonds  proposed  to  be  issued,  and  said  election  must  be  held 
and  the  results  thereof  determined  and  declared  in  all  re-- 
spects  as  nearly  as  possible  in  conformity  with  the  provisions 
of  this  act  governing  the  election  of  directors :  Provided,  that 
no  informalities  in  conducting  such  election  shall  invalidate  the 
same  if  the  election  shall  have  been  otherwise  fairly  conducted. 
At  such  election  the  ballots  shall  contain  the  words  "Bonds,1 
Yes,"  or  "Bonds,  No"  or  words  equivalent  thereto.  If  a  ma- 

—  81  — 


jority  of  the  qualified  electors  who  are  freeholders  within  said 
district  have  voted  " Bonds,  Yes"  the  board  of  directors  shall 
immediately  cause  bonds  to  be  issued  in  amounts  and  payable 
in  series  as  follows,  to-wit: 

At  the  expiration  of  eleven  years,  not  less  than  five  per  cent 
of  the  whole  amount  and  number  of  said  bonds ;  at  the  expira- 
tion of  twelve  years,  not  less  than  six  per  cent  of  the  whole 
amount  and  number  of  said  bonds ;  at  the  expiration  of  thirteen 
years,  not  less  than  seven  per  cent  of  the  whole  amount  and 
number  of  said  bonds ;  at  the  expiration  of  fourteen  years,  not 
less  than  eight  per  cent  of  the  whole  amount  and  number  of 
said  bonds ;  at  the  expiration  of  fifteen  years,  not  less  than  nine 
per  cent  of  the  whole  amount  and  number  of  said  bonds ;  at  the 
expiration  of  sixteen  years,  not  less  than  ten  per  cent  of  the 
whole  amount  and  number  of  said  bonds;  at  the  expiration  of 
seventeen  years,  not  less  than  eleven  per  cent  of  the  whole 
amount  and  number  of  said  bonds;  at  the  expiration  of  eigh- 
teen years,  not  less  than  thirteen  per  jeent  of  the  whole  amount 
and  number  of  said  bonds ;  at  the  expiration  of  nineteen  years, 
not  less  than  fifteen  per  cent  of  the  whole  amount  and  number 
of  said  bonds ;  at  the  expiration  of  twenty  years,  a  percentage 
equal  to  the  remainder  of  said  bonds.  Each  bond  must  be  pay- 
able at  the  given  time  for  its  entire  amount,  and  not  for  a  per- 
centage and  said  bonds  shall  bear  interest  at  the  rate  of  not  to 
exceed  six  per  cent  per  annum  payable  semi-annually  on  the 
first  days  of  June  and  December  of  each  year.  The  principal 
and  interest  shall  be  payable  at  the  office  of  the  county  treas- 
urer of  the  county  in  which  the  organization  of  the  district 
was  effected  as  aforesaid  or  at  such  other  place  as  the  board 
of  directors  may  designate  in  such  bonds.  Said  bonds  shall 
be  each  of  the  denomination  of  not  less  than  one  hundred  dol- 
lars ($100)  nor  more  than  five  hundred  dollars  ($500),  and 
shall  be  negotiable  in  form,  executed  in  the  name  of  the  dis- 
trict and  signed  by  the  president  and  secretary  and  the  seal 
of  the  district  shall  be  affixed  thereto.  Said  bonds  shall  be 
numbered  consecutively  as  issued,  and  beard  date  at  the  time 
of  their  issue.  Coupons  for  the  interest  shall  be  attached  to  each 
bond  bearing  the  lithographed  signature  of  the  president  and 
secretary.  Said  bonds  shall  express  on  their  face  that  they 
are  issued  by  the  authority  of  this  act,  stating  its  title  and 
date  of  approval.  The  secretary  shall  keep  a  record  of  the 
bonds  sold,  their  number,  date  of  sale,  the  price  received,  and 
the  name  of  the  purchaser  Provided,  that  any  such  district 
may,  by  a  majority  vote  of  the  qualified  electors  of  such  dis- 
trict, provide  for  the  issuance  of  bonds  that  will  mature  in  any 
number  of  years  less  than  twenty,  and  arrange  for  the  payment 
thereof,  in  series  as  above  provided :  Provided,  also  that  when 
the  money  provided  by  any  previous  issue  of  bonds  has  be- 

-  82  — 


come  exhausted  by  expenditures  herein  authorized  therefor 
and  it  becomes  necessaary  to  raise  additional  money  for  such 
purposes,  additional  bonds  may  be  issued  after  submitting  the 
question  of  issuing  such  bonds  at  a  special  election  to  the 
qualified  voters  of  said  district,  and  otherwise  complying  with 
the  provisions  of  this  act  in  respect  to  an  original  issue  of 
bonds:  Provided,  further,  that  the  lien  for  taxes  for  the  pay- 
ment of  the  interest  and  the  principal  of  any  bond  issue,  shall 
be  a  prior  lien  to  that  of  any  subsequent  bond  issue. 

Sec.  163.  (Sec.  16,  Chap.  41,  Laws  1919.)  The  board  may  sell 
bonds  from  time  to  time  in  such  amounts  as  may  be  necessary 
and  most  advantageous  to  raise  the  money  for  the  construction 
or  purchase  of  canals,  reservoir  sites,  reservoirs,  water  rights 
and  works,  including  necessary  drainage  works,  and  otherwise 
to  fully  carry  out  the  objects  and  purposes  of  this  act.  Before 
making  any  sale  the  board  shall,  at  a  meeting,  by  resolution 
declare  its  intention  to  sell  a  specified  amount  of  the  bonds  and 
the  day  and  hour  and  place  of  such  sale,  and  shall  cause  such 
resolution  to  be  entered  in  the  minutes,  and  notice  of  the  sale 
to  be  given  by  publication  thereof  by  three  insertions  at  least 
twenty  days  prior  to  such  sale  in  a  daily  newspaper  published 
in  the  City  of  Santa  Fe  and  a  like  notice  in  a  daily  newspaper 
published  in  the  City  of  Albuquerque,  and  any  other  newspaper 
at  their  discretion.  The  notice  shall  state  that  sealed  proposals 
will  be  received  by  the  board  at  their  office,  for  the  purchase 
of  the  bonds,  till  the  day  and  hour  named  in  the  resolution.  At 
the  time  appointed  the  board  shall  open  the  proposals  and 
award  the  purchase  of  the  bonds  to  the  highest  responsible 
bidder  and  may  reject  all  bids;  but  said  board  shall,  in  no 
event,  sell  any  of  said  bonds  for  less  than  ninety-five  per  cent 
of  the  face  value  thereof.  In  case  no  bid  is  made  and  accepted 
as  above  provided,  the  board  of  directors  is  hereby  authorized 
to  use  said  bonds  for  the  purchase  of  canals,  reservior  sights, 
reservoirs,  water  rights  and  works,  or  for  the  construction  of 
any  canal,  reservoir  and  works,  including  drainage  works,  pro- 
vided, such  bonds  shall  not  be  so  disposed  of  at  less  than 
ninety-five  per  cent  of  the  face  value  thereof. 

Refunding  bonds  may  be  issuued  and  used  by  any  district 
organized  under  the  laws  of  this  state,  for  the  purpose  of  retir- 
ing any  bonds  which  may  have  been  issued  under  the  provi- 
sions of  this  act  after  the  question  of  issuing  such  refunding 
bonds  shall  have  been  submitted  to  an  election  as  herein  pro- 
vided and  shall  have  received  the  affirmative  vote  of  a  major- 
ity of  those  voting  thereon  within  such  district.  Such  refund- 
ing bonds  may  be  payable  at  such  time  or  times  and  bear  such 
rate  of  interest  not  exceeding  six  per  centum  per  annum  and 
may  be  of  such  denomination  as  tne  board  of  directors  may 
determine  and  shall  be  executed  in  the  same  manner  and  have 

—  83  — 


annexed  interest  coupons  as  provided  herein  for  the  original 
issue  of  bonds.  The  board  of  directors  shall  have  power  to  con- 
tract for  the  purchase,  and  exchange  of  refunding  bonds  for, 
the  whole  or  any  part  of  the  t^nds  to  be  refunded  by  such 
issue  at  any  price  not  exceeding  par  and  accrued  interest.  Such 
refunding  bonds  shall  first  be  deposited  with  the  county  treas- 
urer of  the  county  wherein  the  office  of  the  district  is  located 
and  shall  be  delivered  only  as  and  when  bonds  so  to  be  refund- 
ed in  like  amounts  are  surrendered  to  such  county  treasurer 
for  cancellation.  Such  refunding  bonds  may  also  be  sold  from 
time  to  time  in  such  amounts  as  the  board  of  directors  may 
determine  and  in  the  same  manner  as  provided  for  the  sale  of 
the  original  issue  of  bonds,  at  not  less  than  ninety-five  per  cent 
of  their  face  value,  the  proceeds  to  be  deposited  with  the  said 
treasurer  to  be  paid  out  by  him  upon  order  of  the  board  of 
directors  in  exchange  for  any  of  the  outstanding  bonds  that 
may  be  so  purchased  or  contracted  for  by  the  board  of  di- 
rectors at  a  price  not  exceeding  par  and  accrued  interest. 

And  the  said  treasurer  may  use  such  proceeds  at  any  time  in 
his  hands  to  pay  the  principal  and  interest  of  any  matured  out- 
standing bonds  presented  for  payment  in  case  he  has  not  suf- 
ficient funds  of  the  district  otherwise  provided  for  paying  such 
maturing  bonds. 

The  said  treasurer  shall  cancel  all  bonds  of  the  district  as 
and  when  the  same  are  paid  or  refunded  and  shall  cause  to  be 
recorded  in  the  office  of  the  county  clerk  of  said  county  his 
certificate  showing  that  said  bonds  giving  the  dates,  serial 
numbers  and  amounts  thereof,  have  been  paid  and  cancelled; 
and  such  cancelled  bonds  shall  be  delivered  to  the  board  of 
directors  of,  the  district  to  be  destroyed.  It  shall  be  the  duty 
of  said  board  of  directors  to  destroy  such  cancelled  bonds 
and  to  enter  upon  their  records  a  statement  giving  the  dates, 
serial  numbers  and  amounts  of  the  bonds  so  destroyed. 

Sec.  164.  (Sec.  17,  Chap  41,  Laws  1919.)  Said  bonds,  and 
the  interest  thereon,  shall  be  paid  by  revenue  derived  from  an 
annual  assessment  upon  the  real  property  within  the  district 
and  such  real  property  shall  be  and  remain  liable  to  be  as- 
sessed and  taxed  for  such  payment  as  herein  provided. 

Sec.  165.  (Sec.  18,  Chap.  41,  Laws  1919.)  It  shall  be  the 
duty  of  the  board  of  directors,  on  or  before  September  first  of 
each  year,  to  determine  the  amont  of  money  required  to  meet 
the  obligations,  mainenance,  operating  and  current  expenses 
for  the  ensuing  year,  and  to  certify  to  the  county  commission- 
ers of  the  county  in  which  the  office  of  said  district  is  located, 
said  amount,  together  with  such  additional  amount  as  may  be 
necessary  to  meet  any  deficiency  in  the  payment  of  said  obli- 
gations and  expenses  theretofore  incurred. 

Sec.  166.     (Sec.  19,  Chap.  41,  Laws  1919.)     It  shall  be  the 

—  84  — 


duty  of  the  county  assessor  of  any  county  embracing  the  whole 
or  a  part  of  any  irrigation  district  to  assess  and  enter  upon  his 
tax  roll  each  year  the  name  of  the  owner  and  the  description, 
and  area  of,  each  tract  of  land  in  said  district  in  said  county 
subject  to  taxation  under  this  act,  and  to  deliver  a  certified 
list  thereof  to  the  county  commissioners  of  said  county  and  to 
transmit  a  like  certified  list  to  the  county  commissioners  of  the 
county  in  which  the  office  of  said  district  is  located ;  and  upon 
receipt  by  such  assessor  of  the  notice  from  the  county  com- 
missioners of  the  levies  to  be  made  as  hereinafter  provided, 
he  shall  extend  the  same  upon  his  tax  roll  to  be  collected  in 
the  same  manner  as  other  taxes:  Provided,  that  in  no  case 
shall  any  land  be  taxed  for  any  purpose  under  this  act,  which 
from  any  natural  cause  cannot  be  irrigated  by  the  irrigation 
system  of  said  district,  or  is  incapable  of  cultivation :  Provided 
further,  that  such  exception  from  taxation  shall  not  apply  to 
any  land  until  after  the  same  shall  have  been  excluded  for 
that  purpose  by  order  of  the  board  of  directors  in  a  proper 
proceeding  as  provided  by  this  act  and  after  a  certified  copy 
of  such  order  shall  have  been  filed  for  record  in  the  office 
of  the  county  clerk  of  the  county  wherein  such  lands  are 
situate. 

Sec.  167.  (Sec.  20,  Chap.  41,  Laws  1919.)  It  shall  be  the 
duty  of  the  county  commissioners  of  the  county  in  which  is 
located  the  office  of  any  irrigation  district,  immediately  upon 
receipt  of  the  said  certified  list  of  the  lands  in  said  district 
subject  to  tax  hereunder,  and  upon  the  receipt  of  the  certifi- 
cate of  the  said  board  of  directors  certifying  the  total  amount 
of  money  required  to  be  raised  as  herein  provided,  to  fix  the 
rate  per  acre  of  levy  necessary  to  provide  said  amount  of 
money  and  to  fix  the  rate  per  acre  necessary  to  provide  the 
amount  of  money  required  to  pay  the  interest  and  principal  of 
the  bonds  of  said  district  as  the  same  shall  become  due;  also 
to  fix  the  rate  per  acre  necessaary  to  provide  the  amount  of 
money  required  for  any  other  purposes  as  in  this  act  provided, 
and  which  are  to  be  raised  by  the  levy  of  taxes  upon  the  lands 
of  said  district;  and  to  certify  said  respective  levies  to  the 
county  commissioners  of  each  other  county  embracing  any 
portion  of  said  district.  The  rate  of  levy  necessary  to  raise  the 
required  amount  of  money  for  said  district  shall  be  increased 
fifteen  per  cent  to  cover  delinquencies.  For  the  purpose  of 
said  district  it  shall  be  the  duty  of  the  county  commissioners 
of  each  county  in  which  any  irrigation  district  is  located  in 
whole  or  in  part,  at  the  time  of  making  levy  for  county  pur- 
poses, to  make  a  levy,  as  above  provided,  upon  all  lands  in 
said  district  within  their  respective  counties  subject  to  taxation 
under  this  act  and  to  deliver  a  notice  to  the  county  assessor 
thereof.  All  taxes  levied  under  this  act  are  special  taxes. 

-  85  - 


Sec.  168.  (Sec.  21,  Chap.  41,  Laws  1919.)  The  county  treas- 
urer of  the  county  in  which  is  located  the  office  of  any  irriga- 
tiion  district,  shall  be  and  is  hereby  constituted  ex-officio  dis- 
trict treasurer  of  said  district,  and  said  county  treasurer  shall 
be  liable  upon  his  official  bond,  and  to  indictment  and  criminal 
prosecution,  for  malfeasance,  misfeasance  or  failure  to  per- 
form any  duty  herein  prescribed  as  county  treasurer  or  dis- 
trict treasurer,  as  is  provided  by  law  in  other  cases  as  county 
treasurer.  Said  treasurer  shall  receive  and  receipt  for  all 
moneys  belonging  to  said  district.  It  shall  be  the  duty  of  the 
county  treasurer  in  each  county  in  which  any  irrigation  dis- 
trict is  located,  in  whole  or  in  part,  to  collect  and  receipt  for 
all  taxes  levied  as  herein  provided,  in  the  same  manner  and  at 
the  same  time  as  is  required  in  the  receipt  for  and  collection  of 
taxes  upon  real  estate  for  county  purposes:  Provided,  that 
such  county  treasurer  shall  receive  in  payment  of  the  district 
bond  fund  taxes  above  mentioned  for  the  year  in  which  said 
taxes  were  levied,  interest  coupons  or  bonds  issued  by  said 
irrigation  district  maturing  within  said  year,  the  same  as  so 
much  lawful  money  of  the  United  States,  if  such  interest 
coupons  do  not  exceed  the  amount  of  district  bond  fund  taxes 
which  the  person  tendering  the  same  owes.  The  county  treas- 
urer of  each  county  comprising  a  portion  only  of  any  irriga- 
tion district,  excepting  the  county  treasurer  of  the  county  in 
which  the  office  of  said  district  is  located,  on  the  first  Monday 
of  every  month,  shall  remit  to  the  district  treasurer  aforesaid, 
all  moneys,  bonds  and  coupons  theretofore  collected  or  re- 
ceived by  him  on  account  of  said  district.  Every  county  treas- 
urer shall  keep  a  bond  fund  account  and  a  general  fund  ac- 
count. The  bond  fund  shall  consist  of  all  moneys  received  on 
account  of  interest  and  principal  of  the  bonds  issued  by  said 
district,  said  accounts  for  interest  and  principal  each  to  be 
kept  separate.  The  general  fund  shall  consist  of  all  moneys 
received.  The  district  treasurer  aforesaid  shall  pay  out  of 
said  bond  fund,  when  due,  the  interest  and  principal  of  the 
bonds  of  said  district,  at  the  time  and  at  the  place  specified 
in  said  bonds,  and  shall  pay  out  of  said  general  fund  only 
upon  warrants  signed  by  the  president  and  countersigned  by 
the  secretary  of  said  district,  as  herein  provided.  The  district 
treasurer,  on  the  fifteenth  day  of  each  month  shall  report  to 
the  board  of  directors  of  said  district  the  amount  of  money  in 
his  hands  to  the  credit  of  the  respective  founds  above  provided. 
All  such  district  taxes  collected  and  paid  to  the  county  treas- 
urers as  aforesaid  shall  be  received  by  said  treasurers  in  their 
official  capacity  and  they  shall  be  responsible  for  the  safe 
keeping,  disbursement  and  payment  thereof  the  same  as  for 
other  moneys  collected  by  them  as  such  treasurers  ^  Provided, 
said  county  treasurer  shall  not  receive  any  commission  for  the 

—  86  — 


collection  of  said  district  taxes  or  any  extra  compensation  for 
acting  as  such  district  treasurer  other  than  the  regular  salary 
as  such  county  treasurer  but  the  district  shall  pay  to  such  treas- 
urer for  clerical  assistance  the  sum  of  ten  dollars  per  month 
for  each  five  thousand  acres  or  major  fraction  thereof  in  such 
district. 

Sec.  169.  (Sec.  22,  Chap.  41,  Laws  1919.)  The  revenue  laws 
of  this  state  for  the  assessment  levying  and  collection  of  taxes 
on  real  estate  for  county  purposes,  except  as  herein  modified, 
shall  be  applicable  for  the  purposes  of  this  act,  including  the 
enforcement  of  penalties  and  forfeitures  for  delinquent  taxes. 

Sec.  170.  (Sec.  23.,  Chap.  41,  Laws  1919.)  After  adopting 
a  plan  for  the  construction  of  canals,  resevoirs  and  works,  the 
board  of  directors  shall  give  notice,  by  publication  thereof, 
not  less  than  twenty  days  in  a  newspaper  published  in  each  of 
the  counties  into  which  any  such  irrigation  district  extends, 
provided  a  newspaper  is  published  therein,  and  in  such  other 
newspapers  as  they  may  deem  advisable,  calling  for  bids  for  the 
construction  of  said  work  or  any  portion  thereof;  if  less  than 
the  whole  work  is  advertised,  then  the  portion  so  advertised 
must  be  particularly  described  in  such  notice;  said  notice  set 
forth  that  plans  and  specifications  can  be  seen  at  the  office  of 
the  board,  and  that  the  board  will  receive  sealed  proposals 
therefor,  and  that  the  contract  will  be  let  to  the  lowest  re- 
sponisible  bidder,  stating  the  time  and  the  place  for  opening 
the  proposals,  which  at  said  time  and  place  shall  be  opened 
in  public,  and  as  soon  as  convenient  thereafter  the  board 
shall  let  said  work,  either  in  portions  or  as  a  whole,  to  the  low- 
est responsible  bidder,  or  they  may  reject  any  or  all  bids  and 
re-advertise  for  proposals,  or  may  proceed  to  construct  the 
work  under  their  own  superintendence. 

Contracts  for  the  purchase  of  material  shall  be  awarded  to 
the  lowest  responsible  bidder.  The  person  or  persons  to  whom 
a  contract  may  be  awarded  shall  enter  into  a  bond  with  good 
and  sufficient  sureties,  to  be  approved  by  the  board,  payable 
to  said  district  for  its  use,  for  not  less  than  ten  per  cent  of  the 
amount  of  the  contract  price,  conditioned  for  the  faithful  per- 
formance of  said  contract.  The  work  shall  be  done  under  the 
direction  and  to  the  satisfaction  of  the  engineer  in  charge  sub- 
ject to  the  approval  of  the  board. 

Sec.  171.  (Sec.  24,  Chap.  41,  Laws  1919.)  No  claims  shall 
be  paid  by  the  district  treasurer  until  the  same  shall  have  been 
allowed  by  the  board,  and  only  upon  warrants  signed  by  the 
president  and  countersigned  by  the  secretary,  which  warrants 
shall  state  the  date  authorized  by  the  board  and  for  what  pur- 
pose :  Provided,  no  warrant  shall  be  issued  or  obligation  in- 
curred unless  the  district  treasurer  has  sufficient  funds  on 
hand  to  pay  such  warrant  when  it  is  presented  for  payment. 

—  87  — 


All  claims  against  the  district  shall  be  verified  and  the  secre- 
tary of  the  district  is  hereby  authorized  and  empowered  to  ad- 
minister oaths  to  the  parties  verifying  said  claims,  the  same 
as  the  county  clerk  or  a  notary  public  might  do.  The  district 
treasurer  shall  keep  a  register  in  which  he  shall  enter  each 
warrant  as  issued  and  as  presented  for  payment,  showing  the 
date  and  amount  of  such  warrant,  to  whom  payable,  the  date 
of  the  presentation  for  payment,  the  date  of  payment  and 
all  warrants  shall  be  paid  in  the  order  of  their  presentation 
for  payment  to  the  district  treasurer.  All  warrants  shall  be 
drawn  payable  to  the  claimant  or  bearer,  the  same  as  county 
warrants. 

Sec.  172.  (Sec.  25,  Chap.  41,  Laws  1919.)  For  the  purpose 
of  defraying  the  expenses  of  the  organization  of  the  district, 
and  the  care,  operation,  management,  repair  and  improvement 
of  all  canals,  ditches,  reservoirs  and  works,  including  drainage 
works  and  including  salaries  of  officers  and  employes  and  for 
rental  or  charges  for  water  supplied  to  said  district  under  any 
contract  with  owners  of  other  irrigation  works,  the  board  may 
fix  rates  of  tolls  and  charges  and  collect  the  same  of  all  per- 
sons using  said  canal  and  water  for  irrigation  or  other  pur-» 
poses,  or  may  provide,  in  whole  or  in  part,  for  the  payment 
of  such  expenditures  by  levy  of  taxes  therefor,  as  hereinbe- 
fore provided,  or  by  both  tolls  and  taxes.  In  case  the  money 
raised  by  the  sale  of  bonds  issued  be  insufficient  and  in  case 
bonds  be  unavailable  for  the  construction  or  completion  of  any 
works  in  accordance  woth  plans  adopted,  it  shall  be  the  duty 
of  the  board  of  directors  to  provide  for  the  completion  of  said 
works  by  causing  the  levy  of  a  tax  therefor  in  the  same  manner 
in  which  levy  of  taxes  is  made  for  the  other  purposes  provided 
for  in  this  act. 

Sec.  173.  (Sec.  26,  Chap.  41,  Laws  1919.)  The  board  of 
directors  shall  have  the  power  to  construct  the  said  works 
across  any  stream  of  water,  water  course,  street,  avenue,  high- 
way, railway,  canal,  ditch,  or  flume  which  the  route  of  said 
canal  or  canals  may  intersect  or  cross;  and  if  said  board  and 
the  owners  or  controllers  of  the  property  so  to  be  crossed  can- 
not agree  on  the  amount  to  be  paid  therefor,  or  as  to  the  points 
or  the  manner  of  said  crossings,  the  same  shall  be  ascertained 
and  determined  in  all  respects  as  is  provided  by  law  in  respect 
to  the  taking  of  land  for  public  uses.  The  right-of-way  is  here- 
by granted  to  locate,  construct  and  maintain  said  works  or 
reservoirs,  over,  through,  or  upon  any  of  the  lands  which  are 
now,  or  may  be  the  property  of  the  state. 

Sec.  174.  (Sec.  27,  Chap.  41,  Laws  1919.)  The  board  of  direct- 
ors shall  each  receive  compensation  at  the  rate  of  two  and  one- 
half  dollars  per  day  while  attending  meetings,  and  their  actual 
and  necessary  expenses  while  engaged  in  official  business.  The 

—  88  — 


salary  of  the  secretaary  shall  not  exceed  eight  hundred  dol- 
lars per  annum.  No  director  or  any  officer  named  in  this  act 
shall,  in  any  manner,  be  interested,  directly  or  indirectly,  in 
any  contract  awarded  or  to  be  awarded  by  the  board,  or  in  the 
profits  to  derived  therefrom ;  nor  shall  such  director  or  officer 
receive  any  bonus,  grautity,  or  bribe;  and  for  any  violation  of 
this  provision  any  such  director  or  officer  shall  be  deemed 
guilty  of  a  felony,  and  upon  conviction  thereof  shall  forfeit  his 
office,  and  be  punished  by  a  fine  not  exceeding  five  hundred 
dollars,  or  by  imprisonment  in  the  penitentiary  not  exceeding 
five  years  nor  less  than  one  year. 

Sec.  175.  (Sec.  28,  Chap.  41,  Laws  1919.)  The  board  of 
directors,  or  other  officers  of  the  district,  shall  have  no  power 
to  incur  any  debt  or  liability  whatever,  either  by  issuing  bonds 
or  otherwise,  in  excess  of  the  express  provisions  of  this  act,- 
and  any  debt  or  liability  incurred  in  excess  of  such  express 
provisions  shall  be  and  remain  absolutely  void. 

Sec.  176.  (Sec.  29,  Chap.  41,  Laws  1919.)  In  case  the  volume 
of  water  in  any  canal,  reservoir,  or  other  works  in  any  district 
shall  not  be  sufficient  to  supply  the  continual  wants  of  the  en- 
tire district  and  of  lands  susceptible  of  irrigation  therein,  then 
it  shall  be  the  duty  of  the  board  of  directors  to  distribute  all 
available  water  upon  certain  or  alternate  days  to  different 
localities  as  they  may  in  their  Judgment  think  best  for  the 
interest  of  all  parties  concerned. 

Sec.  177.  (Sec.  30,  Chap.  41,  Laws  1919.)  Nothing  herein 
contained  shall  be  deemed  to  authorize  any  person  to  divert 
the  waters  of  any  river,  creek,  stream,  canal,  or  reservoir  to 
the  detriment  of  any  person  having  a  prior  right  to  the  waters 
of  such  river,  creek,  stream,  canal  or  reservoir. 

Sec.  178.  (Sec.  31,  Chap.  41,  Laws  1919.)  The  boundaries 
of  any  irrigation  district  now  or  hereafter  organized  under  the 
provisions  of  this  act,  may  be  changed  in  the  manner  herein 
prescribed;  but  such  change  of  the  boundaries  of  the  district 
shall  not  impair  or  affect  its  organization,  or  its  rights  in  or 
to  property,  or  any  of  its  rights  or  privileges  of  whatsoever 
kind  or  nature,  nor  shall  it  affect,  impair,  or  discharge  any 
contract,obligation  ,  lien,  or  charge  for  or  upon  which  it  or 
the  owner  of  lands  therein  were  or  might  become  liable  or 
chargeable  had  such  change  of  its  boundaries  not  been  made. 

Sec.  179.  (Sec.  32,  Chap.  41,  Laws  1919.)  The  holder  or 
holders  of  title,  or  evidence  of  title,  or  any  body  of  land  ad- 
jacent to  or  situate  within  the  boundaries  of  any  irrigation 
district  may  file  with  the  board  of  directors  of  said  district 
a  petition  in  writing,  praying  that  such  lands  be  in- 
cluded in  such  district.  The  petition  shall  describe  the  tracts, 
or  body  of  land  owned  by  the  petitioners,  but  such  description 
need  not  be  more  particular  than  is  required  when  such  lands 

—  89  — 


are  entered  by  the  county  assessor  in  the  assessment  book. 
Such  petition  shall  be  deemed  to  give  the  assent  of  the  peti- 
tioners to  the  inclusion  of  said  district  of  the  lands  described 
in  the  petition,  and  such  petition  must  be  acknowledged  in  the 
same  manner  that  conveyances  of  land  are  required  to  be  ac- 
knowledged. 

Sec.  180.  (Sec.  33,  Chap.  41,  Laws  1919.)  The  secretary  of 
the  board  of  directors  shall  cause  notice  of  the  filing  of  such 
petition  to  be  given  and  published  once  a  week  for  three  suc- 
cessive weeks  in  a  newspaper  published  in  the  county  where 
the  office  of  said  board  is  situate,  which  notice  shall  state  the 
filing  of  such  petition  and  the  names  of  the  petitioners;  a  de- 
scription of  the  lands  mentioned  in  the  petition,  and  the  prayer 
of  said  petitioners;  giving  notice  to  all  persons  interested,  to 
appear  at  the  office  of  said  board  at  a  time  named  in  said  no- 
tice, and  show  cause,  in  writing,  if  any  they  have,  why  the 
petition  should  not  be  granted.  The  time  specified  in  the 
notice  at  which  it  shall  be  required  to  show  cause  shall  be  the 
regular  meeting  of  the  board  next  after  the  expiration  of  the 
time  for  the  publication  of  the  notice.  The  petitioner  or  peti- 
tioners shall  advance  to  the  secretary  sufficient  money  to  pay 
the  estimated  cost  of  all  proceedings  under  such  petition  be- 
fore the  secretary  shall  be  required  to  give  such  notice. 

Sec.  181.  (Sec.  34,  Chap.  41,  Laws  1919.)  The  board  of  di- 
rectors, at  the  time  and  place  mentioned  in  said  notice,  or  at 
such  time  or  times  to  which  the  hearing  of  such  petition  may  be 
adjourned,  shall  proceed  to  hear  the  petition,  and  all  objections 
thereto,  presented  in  writing  by  any  person  showing  cause  as 
aforesaid  why  said  petition  should  not  be  granted.  The  fail- 
ure of  any  person  interested  to  show  cause,  in  writing,  as  afore- 
said, shall  be  deemed  and  taken  as  an  assent  on  his  part  to« 
the  inclusion  of  such  lands  in  said  district  as  prayed  for  in  said 
petition. 

Sec.  182.  (Sec.  35,  Chap.  41,  Laws  1919.)  The  board  of  di- 
rectors to  whom  such  petition  is  presented  may  require  as  a 
condition  precedent  to  the  granting  of  the  same  that  the  pe- 
titioners shall  severally  pay  to  such  district  such  respective 
siums,  as  nearly  as  the  same  can  be  etsimated  by  the  board, 
as  said  petitioners  or  their  grantors  would  have  been  required 
to  pay  for  their  pro  rata  share  of  all  bonds  and  the  interest 
thereon  which  may  have  previously  thereto  been  issued  by 
said  district  had  such  lands  been  included  in  such  district  at 
the  time  the  same  was  originally  formed  or  when  said  bonds 
were  so  issued;  and  said  board  may  require  such  petitioners 
to  pay  such  further  sums  as  the  board  may  deem  just  on  ac- 
count of  irrigation  works  or  water  rights  paid  for  otherwise 
than  by  issue  of  bonds. 

Sec.  183.     (Sec.  36,  Chap.  41,  Laws  1919.)     The  board  of  di- 

—  90  — 


rectors  if  they  deem  it  not  for  the  best  interest  of  the  district 
to  include  therein  the  lands  mentioned  in  the  petition,  shall 
by  order  reject  the  said  petitiion,  but  if  they  deem  it  for  the 
best  interests  of  the  district  that  said  lands  be  included  the 
board  may  order  that  the  district  be  so  changed  as  to  include 
therein  the  lands  mentioned  in  the  said  petition.  The  order 
shall  describe  the  entire  boundaries  of  the  district  with  the 
lands  so  included,  if  the  district  boundaries  be  changed  there- 
by, and  for  that  purpose  the  board  may  cause  a  survey  to  he 
made  of  such  portion  of  such  boundaries  as  may  be  deemed 
necessaary:  Provided,  if  within  thirty  days  from  the  making 
of  such  order  a  majority  of  the  qualified  electors  of  the  dis- 
trict protest  in  writing  to  said  board  against  the  inclusion  of 
such  lands  in  said  district,  said  order  shall  be  held  for  naught 
and  said  lands  shall  not  be  included  therein. 

Sec.  184.  (Sec.  37,  Chap.  41,  Laws  1919.)  Upon  the  allow- 
ance of  such  petition  and  in  case  no  protest  has  been  filed  with 
the  board  within  thirty  days  after  the  entry  of  said  order  as 
aforesaid,  a  certified  copy  of  the  order  of  the  board  of  direct- 
ors making  such  change,  and  a  plat  of  such  district  showing 
such  change,  certified  by  the  president  and  secretary,  shall  be 
filed  for  record  in  the  office  of  the  county  clerk  of  each  county 
in  which  are  situate  any  of  the  lands  of  the  district,  and  the 
district  shall  remain  an  irrigation  district  as  fully  to  all  in- 
tents and  purposes  as  if  the  lands  which  are  included  in  the 
district  by  the  change  aforesaid  had  been  included  therein  at 
the  organization  of  the  district ;  and  said  district  as  so  changed 
and  all  the  lands  therein  shall  be  liable  for  all  existing  obliga-\ 
tions  and  indebtedness  of  the  organized  district. 

Upon  the  filing  of  the  copies  of  the  order  and  the  plat,  as 
herein  mentioned,  copies  thereof,  certified  by  said  county  clerk, 
shall  be  admissible  in  evidence  to  prove  the  inclusion  of  said 
lands  in  said  district. 

Sec.  185.  (Sec.  38,  Chap.  41,  Laws  1919.)  A  guardian,  ex- 
ecutor or  an  administrator  of  an  estate,  who  is  appointed  as 
such  under  the  laws  of  this  state,  and  who,  as  such  guardian, 
executor  or  administrator,  is  entitled  to  the  possession  of  the 
lands  belonging  to  the  estate  which  he  represents,  may  on  be- 
half of  his  ward  or  the  estate  which  he  represents,  upon  being 
thereunto  authorized  by  the  proper  court,  sign  any  petition  or 
protest  in  this  act  mentioned,  and  may  show  cause,  as  in  this 
act  mentioned,  why  the  boundaries  of  the  district  should  not  be 
changed  or  additional  lands  included  therein. 

Sec.  186.  (Sec.  39,  Chap.  41,  La  we  1919.)  In  case  of  the 
inclusion  of  any  lands  within  any  district  by  proceedings  under 
this  act  the  board  of  directors  shall,  if  they  deem  necessary,  at 
least  thirty  days  prior  to  the  next  succeeding  regular  election, 
make  an  order  re-dividing  such  district  into  three  divisions, 

—  91  — 


as  nearly  equal  in  size  as  may  be  practicable,  and  one  director 
shall  thereafter  be  elected  for  each  division  as  hereinbefore 
provided. 

Sec.  187.  (Sec.  40,  Chap.  41,  Laws  1919.)  Any  tract  of  land 
included  within  the  boundaries  of  any  such  district,  at  or  after 
its  organization  under  the  provisions  of  this  act,  may  be  ex- 
cluded therefrom,  in  the  manner  herein  prescribed,  but  such 
exclusion  of  land  from  the  district  shall  not  impair  or  affect 
its  organization,  or  its  rights  in  or  to  property,  or  any  of  its 
rights  or  privileges  of  whatever  kind  or  nature ;  nor  shall  such 
exclusion  affect,  impair  or  discharge  any  contract,  obligation, 
lien  or  charge  for  or  upon  which  the  district  or  the  land  so  ex- 
cluded is  liable  or  charegable,  at  the  time  such  land  is  excluded 
from  the  district. 

Sec.  188.  (Sec.  41,  Chap.  41,  Laws  1919.)  The  owner  or 
owners  in  fee  of  any  lands  constituting  a  portion  of  any  irri- 
gation district  may  file  with  the  board  of  directors  of  the  dis- 
trict, a  petition  praying  that  such  lands  may  be  excluded  and 
taken  from  said  district.  The  petition  shall  described  the 
lands  which  the  petitioners  desire  to  have  excluded,  but  the 
description  of  such  lands  need  not  be  more  particular  than  re- 
quired when  lands  are  entered  in  the  assessment  book  by  the 
county  assessor.  Such  petition  must  be  acknowleged  in  the 
same  manner  and  form  as  is  required  in  case  of  a  conveyance 
of  land. 

Sec.  189.  (Sec.  42,  Chap.  41,  Laws  1919.)  The  secretary  of 
the  board  of  directors  shall  cause  a  notice  of  the  filing  of  such 
petition  to  be  published  for  at  least  three  weeks  in  some  news-^ 
paper  published  in  the  county  where  the  office  of  the  board 
of  directors  is  situated,  and  if  any  portion  of  said  district  lie 
within  another  county  or  counties,  then  said  notice  shall  be 
so  published  in  a  newspaper  published  within  each  of  said 
counties.  The  notice  shall  state  the  filing  of  such  petition,  the 
names  of  the  petitioners,  description  of  the  lands  mentioned  in 
said  petition,  and  the  prayer  of  said  petitioners;  and  it  shall 
notify  all  persons  interested  to  appear  at  the  office  of  said 
board  at  a  time  named  in  said  notice,  and  show  cause  in  writ- 
ing, if  any  they  have,  why  said  petition  should  not  be  granted.  - 
The  time  to  be  specified  in  the  notice  at  which  they  shall  be 
required  to  show  cause  shall  be  the  regular  meeting  of  the 
board  next  after  the  expiration  of,  the  time  for  the  publica- 
tion of  the  notice.  The  petitioner  or  petitioners  shall  advance 
to  the  secretary  sufficient  money  to  pay  the  estimated  cost  of 
all  proceedings  under  such  petition  before  the  secretary  shall 
give  such  notice. 

Sec.  190.  (Sec.  43,  Chap.  41,  Laws  1919.)  The  board  of  di- 
rectors at  the  time  and  place  mentioned  in  the  notice,  or  at  the 
time  or  times  to  which  the  hearing  of  said  petition  may  be 

—  92  — 


adjourned,  shall  proceed  to  hear  the  petition  and  all  objec- 
tions thereto  presented  in  writing  by  any  person  showing 
cause  as  aforesaid  why  the  prayer  of  said  petition  should  not 
be  granted.  The  filing  of  such  petition  with  such  board, 
as  aforesaid,  shall  be  deemed  and  taken  as  an  assent  by  each 
and  all  of  such  petitioners  to  the  exclusion  from  such  dis-' 
trict  of  the  lands  mentioned  in  the  petition,  or  any  part  thereof. 

Sec.  191.  (Sec.  44,  Chap.  41,  Laws  1919.)  The  board  of  di- 
rectors, if  they  deem  it  not  for  the  best  interest  of  the  district 
that  the  lands  mentioned  in  the  petition  or  any  portion  here- 
of should  be  excluded  from  said  district  shall  order  that  said 
petition  be  denied;  but  if  they  deem  it  for  the  best  interest 
of  the  district  that  the  lands  mentioned  in  the  petition,  or 
some  portion  thereof,  be  excluded  from  the  district,  and  if  there 
are  no  outstanding  bonds  of  the  district,  then  the  board  may 
order  the  lands  mentioned  in  the  petition,  or  some  defined 
portion  thereof,  to  be  excluded  from  the  district:  Provided, 
if  within  thirty  days  from  the  making  of  such  order  a  majority 
of  the  qualified  electors  of  the  district  protest  in  writing  to 
said  board  against  the  exclusion  of  such  lands  from  said  dis- 
trict ,said  order  shall  be  held  for  naught  and  such  lands  shall 
not  be  excluded  therefrom. 

Sec.  192.  (Sec.  45,  Chap.  41,  Laws  1919.)  Upon  the  allow- 
ance of  such  petition  and  in  case  no  protest  has  been  filed  with 
the  board  within  thirty  days  after  the  entry  of  said  order  as 
aforesaid,  a  certified  copy  of  the  order  of  the  board  of  di- 
rectors making  such  change  and  a  plat  of  such  district  show- 
ing such  change,  certified  by  the  president  and  secretary, 
shall  be  filed  for  record  in  the  office  of  the  county  clerk  of 
each  county  in  which  are  situate  any  of  the  lands  of  the 
district,  and  the  district  shall  remain  an  irrigation  district 
as  fully  to  all  intents  and  purposes  as  if  the  lands  which  are 
excluded  by  the  change  aforesaid,  had  not  been  excluded  there- 
from. 

Sec.  193.  (Sec.  46,  Chap.  41,  Laws  1919.)  At  least  thirty 
days  before  the  next  regular  election  of  such  district  the  board 
of  directors  thereof  may,  if  they  deem  it  necessary,  make  an 
order  re-dividing  said  district  into  three  divisions,  as  nearly 
equal  in  size  as  practicable,  and  one  director  shall  be  elected 
for  aech  division  as  hereinbefore  provided. 

Sec.  194.  (Sec.  47,  Chap.  41,  Laws  1919.)  Whenever  a  ma- 
jority of  the  resident  freeholders,  representing  a  majority  of 
the  number  of  the  acres  of  the  land  included  in  any  irrigation 
district  organized  or  hereafter  to  be  organized  under  this  act, 
shall  petition  the  board  of  directors  to  call  a  special  election 
for  the  purpose  of  submitting  to  the  qualified  electors  of  said 
irrigation  district  a  proposition  to  vote  on  the  question  of  dis- 
solution of  said  irrigation  district,  setting  forth  in  said  peti- 

—  93  — 


tion  that  all  obligations,  bills  and  claims  of  every  nature  what- 
soever have  been  fully  satisfied  and  paid,  it  shall  be  the  duty 
of  said  directors,  if  they  shall  be  satisfied  that  all  obligations, 
claims  and  bills  have  been  fully  satisfied,  to  call  an  election, 
setting  forth  the  object  of  the  said  election,  and  to  cause  notice 
of  said  election  to  be  published  in  some  newspaper  in  each  of 
the  counties  in  which  any  part  of  said  district  is  located,  for 
a  period  of  thirty  (30)  days  next  prior  to  said  election,  set- 
ting forth  the  time  and  place  for  holding  said  election  in  each 
of  the  voting  precincts  in  said  district.  It  shall  also  be  the 
duty  of  the^directors  to  prepare  ballots  to  be  used  at  said  elec- 
tion on  which  shall  be  written  or  printed  the  words:  "For 
Dissolutiion — Yes,"  and  "For  Dissolution — No." 
•  Sec.  195.  (Sec.  48,  Chap.  41,  Laws  1919.)  The  board  of  di- 
rectors shall  name  a  day  for  canvassing  the  vote,  and  if  it  shall 
appear  that  a  majority  of  said  ballots  contain  the  words,  "For 
Dissolution — Yes,"  then  it  shall  be  the  duty  of  saidf  board  of, 
directors  to  make  and  cause  to  be  entered  upon  their  records 
an  order  declaring  said  district  to  be  dissolved  and  to  certify  a 
copy  of  said  order  to  the  county  clerk  of  each  county  wherein 
any  part  of  said  district  is  situated.  And  clerks  shall  record 
all  such  certificates  in  the  records  of  the  respective  counties. 
Should  it  appear  that  a  majority  of  the  votes  cast  at  said  elec- 
tion were  "For  Dissolution — No,"  then  the  board  of  directors 
shall  declare  the  proposition  lost  and  shall  cause  the  result  to 
be  made  a  part  of  the  records  of  said  irrigation  district. 

Sec.  196.  (Sec.  49,  Chap.  41,  Laws  1919.)  The  board  of  di- 
rectors of  any  irrigation  district  purporting  to  be  organized 
under  the  laws  of  this  state  may  commence  special  proceedings, 
in  and  by  which  the  proceedings  of  said  board  and  of  the  coun- 
ty commissioners  for  the  organization  of  said  district  and  for 
the  authorizing  the  issuance  and  sale  of  the  bonds  of  said 
district,  whether  said  bonds  or  any  of  them  have  or  have  not 
been  sold,  or  disposed  of,  may  be  judicially  examined,  ap- 
proved and  confirmed  and  the  validity  of  said  bond  deter- 
mined. 

Sec.  197.  (Sec.  50,  Chap.  41,  Laws  1919.)  The  board  of  di- 
rectors of  the  irrigation  district  shall  file  in  the  district  court 
of  the  county  in  which  the  lands  of  the  district,  or  some  portion 
thereof  are  situate,  a  petition  praying,  in  effect,  that  the  pro- 
ceedings aforesaid  may  be  examined,  approved  and  confirmed 
by  the  court.  The  petition  shall  state  the  facts  showing  the 
proceedings  or  issuing  said  bonds  was  duly  elected,  but  the  pe- 
tition need  not  state  in  detail  the  facts  showing  such  organi- 
zation or  the  election  of  said  board  of  of  directors. 

Sec.  198.  (Sec.  51,  Chap.  41,  Laws  1919.)  The  court  shall 
fix  the  time  for  the  hearing  of  said  petition  and  shall  order 
the  clerk  of  the  court  to  give  and  publish  a  notice  of  the  filing 

Q4. 

—  c/Tt     •"" 


of  such  petition.  The  notice  shall  be  published  for  three  suc- 
cessive weeks  in  a  newspaper  published  in  the  county  where  the 
office  of  the  district  is  situated.  The  notice  shall  state  the  time 
and  place  fixed  for  the  hearing  of  the  petition  and  the  prayer 
of  the  petitioners,  and  that  any  person  interested  in  the  organi- 
zation of  said  district  or  in  the  proceedings  for  the  issme  or 
sale  of  said  bonds,  may,  on  or  before  the  day  fixed  for  the 
hearing  of  said  petition,  demur  to  or  answer  said  petition. 
The  petition  may  be  referred  to  and  described  in  said  notice 

as  the  petition  of  the  board  of  directors  of 

irrigation  district  (giving  its  name),  praying  that  the  pro- 
ceedings for  the  issue  and  sale  of  said  bonds  of  said  district 
may  be  examined,  approved  and  confirmed  by  the  court. 

Sec.  199.  (Sec.  52,  Chap.  41,  Laws  1919.)  The  provisions 
of  the  code  of  civil  procedure  respecting  the  demurrer  and 
answer  to  a  verified  complaint  shall  be  applicable  to  a  demur-> 
rer  and  answer  to  said  petition.  The  person  so  demurring  and 
answering  said  petition  shall  be  the  defendant  to  the  special 
proceedings,  and  the  board  of  directors  shall  be  the  plaintiff. 
Every  material  statement  of  the  petition  not  specifically  con- 
troverted by  the  answer  shall,  for  the  purpose  of  said  special 
proceedings,  be  taken  as  true,  and  every  person  failing  to 
answer  the  petition  shall  ,in  case  said  bonds  are  declared  by 
the  court  to  be  valid,  be  estopped  from  thereafter  questioning 
the  legality  of  the  organization  of  the  district  or  the  validity 
of  said  bonds  in  any  proceeding.  The  rules  of  pleading  and 
practice  relating  to  appeals  and  writs  of  error  provided  by  the 
code  of  civil  procedure  which  are  not  inconsistent  with  the  pro- 
visions of  this  act  are  applicable  to  the  special  proceedings 
herein  provided  for. 

Sec.  200.  (Sec.  53,  Chap.  41,  Laws  1919.)  Upon  the  hearing 
of  such  special  proceedings  the  court  shall  find  and  determine 
whether  the  notice  of  the  filing  of  the  petition  has  been  duly 
published  for  the  time  and  in  the  manner  in  this  act  prescribed, 
and  shall  have  power  and  jurisdiction  to  examine  and  deter- 
mine the  legality  and  validity  of,  and  approve  and  confirm, 
each  and  all  of  the  proceedings  for  the  organization  of  said 
district  under  the  provisions  of  this  act,  from  and  including 
the  petition  for  the  organization  of  the  district  and  all  other 
proceedings  which  may  affect  the  legality  or  validity  of  said 
bonds,  the  order  of  sale  and  the  sale  thereof.  The  court  in  in- 
quiring into  the  regularity,  legality  or  correctness  of  said  pro- 
ceedings must  disregard  any  error,  irregularity  or  omision 
which  does  not  affect  the  substantial  rights  of  the  parties  to 
said  special  proceedings  or  others  whose  rights  or  interests 
are  involved  in  such  proceedings ;  and  the  court  may  by  decree 
approve  and  confirm  such  proceedings  in  part  and  disapprove 
and  declare  illegal  or  invalid  other  subsequent  parts  thereof. 

-  95  — 


If  the  court  finds  that  such  proceedings  have  been  legal 
and  valid  it  shall  by  decree  approve  and  confirm  the  same  and 
declare  the  bonds  issued  and  sold  or  to  be  issued  or  sold  there- 
under to  be  valid,  and  if  the  court  finds  any  part  of  such  pro- 
ceedings for  the  organization  of  the  district,  or  for  the  issue 
and  sale  of  bonds  or  for  the  levy  of  taxes  or  other  purposes  of 
the  district  to  be  illegal,  invalid  or  insufficient,  it  may  direct 
such  proceedings  or  action  to  be  taken  as  will  remedy  the  de- 
fects in  the  former  proceedings ;  and  upon  presentation  to  the 
court  of  satisfactory  evidence  that  such  action  or  proceedings 
have  been  duly  taken  as  directed  the  court  may  by  its  decree 
approve  and  confirm  £aid  proceedings  and  declare  said  bonds 
to  be  valid.  The  costs  of  the  special  proceedings  may  be  al- 
lowed and  apportioned  between  the  parties  in  the  discretion  of 
the  court. 

The  judgment  or  decree  when  finally  made  and  entered 
shall  be  res  judicata  in  all  cases  arising  in  connection  with  the 
organization  of  the  district  and  the  collection  of  taxes  for  pay- 
ment of  the  principal  or  interest  of  the  bonds  or  of  monies  due 
under  contracts  or  obligations  of  the  district. 

Sec.  201.  (Sec.  54,  Chap.  41,  Laws  1919.)  Whenever  the/ 
word  "district"  is  used  in  this  act  it  shall  be  held  to  mean 
and  include  only  the  lands  described  in  the  official  order  es- 
tablishing said  district  and  the  official  order  including  addi-\ 
tional  lands  therein,  if  any,  on  record  in  the  office  of  the  coun- 
ty clerk  and  property  and  rights  acquired  by  the  district. 

Sec.  202.  (Sec.  55,  Chap.  41,  Laws  1919.)  Any  irrigation 
district  organized  after  March  18,  1909,  and  prior  to  the  pas- 
sage and  approval  of  this  act,  substantially  in  accordance  with 
the  provisions  of  Chapter  109  of  the  Session  Laws  of  1909,  or 
of  Chapter  60,  New  Mexico  Statutes,  Code  1915,  or  Chapter  100, 
Session  Laws,  1915,  or  of  Chapter  21,  Session  Laws  of  1917,  and 
any  bonds  or  contracts  authorized  or  issued  by  any  such  dis-. 
trict  substantially  in  accordance  with  the  provisions  of  either 
of  said  chapters,  are  hereby  confirmed  and  validated,  and  such 
irrigation  districts  (except  districts  organized  to  co-operate 
with  the  United  States),  so  organized  and  existing  prior  to  the 
passage  and  approval  of  this  act,  and  the  officers  thereof,  shall- 
be  governed  by  and  be  entitled  to  all  the  benefits  of,  and  shall 
have,  exercise  and  perform  all  the  powers  and  duties  prescribed 
by,  the  provisions  of  this  act. 

Sec.  203.  (Sec.  56,  Chap.  41,  Laws  1919.)  So  much  of  any 
law  as  is  in  conflict  or  inconsistent  with  the  provisions  of  this 
act  is  hereby  repealed;  but  nothing  herein  contained  shall  be' 
held  or  construed  to  in  any  manner  affect  any  irrigation  dis- 
tricts organized  or  to  be  organized  to  co-operate  with  the 
United  States,  under  the  reclamation  service  laws,  or  other 
federal  laws,  under  Chapter  60  of  New  Mexico  Statutes,  Code 

-  96  — 


1915,  as  amended  by  Chapter  21,  Session  Laws  of  1917,  or  any 
other  law  authorizing  the  organization  of  irrrigation  districts 
for  the  purpose  of  such  co-operation.  Chapter  LX  New  Mexico 
Statutes,  Code  1915,  Chapter  100  Session  Laws  1915,  Chapter 
21,  Session  Laws  1917,  are  hereby  repealed. 

Sec.  204.  (Sec.  57,  Chap.  41,  Laws  1919.)  That  it  is  necessary 
for  the  preservation  of  the  public  peace,  health  and  safety  of 
the  inhabitants  of  the  State  of  New  Mexico  that  the  provisions 
of  this  act  shall  become  effective  immediately,  therefore  an 
emergency  is  hereby  declared  to  exist  and  this  act  shall  take 
effect  and  become  in  full  force  and  effect  from  and  after  its 
passage  and  approval. 

Community  Ditches— Paint  of  Diversion,  How  Changed,  Pro- 
viso. 

Sec.  205.  (Sec.  5771,  Code  1915.)  That  it  shall  not  be  neces- 
sary for  the  officers  of  public  community  acequias  established 
and  in  operation  prior  to  March  19,  1907,  to  make  any  applica- 
tion to,  or  obtain  any  permit  from,  the  state  engineer  or  the 
board  of  water  commissioners  in  order  to  change  the  place  of 
diversion  ;provided,  that  by  such  change  no  increase  in  the 
amount  of  water  appropriated  shall  be  made  beyond  the 
amount  to  which  the  asequia  was  formerly  entitled. 

Act  of  June  8,  '12;  L.  '12,  C.  26,  §1. 


—  97  — 


INDEX  TO  DECISIONS. 

OF  

STATE  BOARD  OF  WATER  COMMISSIONERS  IN 

APPEALS  FROM  STATE  ENGINEER'S 

OFFICE 

No.  1. — Farmers  Development  Co.  vs.  H.  M.  Porter,  et  al.  (Ap- 
plication No.  17.) 

Approved  subject  to  prior  rights  by  Engineer. 

Approval  modified  by  Board  of  Water  Commissioners. 

Rayado  River „ B.  W.  C.  Decision,  6  foliios. 

No.  2. — James  A.  Gree  and  Francisco  Gomez,  et  al.,  vs.  El  Paso, 
Rock  Island  Ry.  Co.  (Application  No.  12.) 

Change  of  point  of  diversion  approved  by  Territorial  En- 
gineer. 

Action  of  Engineer  affirmed  by  Board  of  Water  Com- 
missioners. 

Appealed  to  District  Court. 

Pintada  Reservoir B.  W.  C.  Decisions,  13  folios. 

No.  3. — Taos  Valley  Land  Co.  and  Inhabitants  of  Taos  vs.  Ter- 
ritorial Engineer  (Application  Nos.  125,  126). 

Approved  by  Territorial  Engineer  in  accordance  with 
stipulation  filed. 

Action  of  Engineer  affirmed  by  Board  of  Water  Com- 
missioners. 

B.  W.  C.  Decisions,  7  folios. 

No.  4. — Furman  &  Burke  vs.  Jay  Turley  and  H.  L.  Hollister 
(Application  No.  88). 

Application  modified  and  approved  by  Territorial  En- 
gineer. 

Action  of  Engineer  affirmed  by  Board  of  Water  Com- 
missioners. 

Florida  Creek _ B.  W.  C.  Decision,  6  folios 

No.  5. — M.  C.  Hinderlider  vs.  John  D.  Young  and  Geo.  N.  Nor- 
ton  (Applications  Nos.  92,  107). 

Application  No.  92  rejected  and  Application  No.  107  ap- 
proved by  Territorial  Engineer. 

Decision  of  Engineer  reversed  by  Board  of  Water  Com- 
missioners ordering  approval  of  Application  No.  92 
with  priiority  over  No.  107. 

—  98  — 


La  Plata  River _ W.  B.  C.  Decision,  15  folios. 

No.  6. — E.  0.  Dean  and  J.  M.  Herves  vs.  Fred  Vanderwork 
(Application  No.  154). 

Application  approved  by  Territorial  Engineer. 

Decision  of  Engineer  reversed  and  application  ordered 
rejected. 

Seepage  from  land B.  W.  C.  Decision,  12  folios. 

No.  7. — Victoria  Land  &  Cattle  Co.  vs.  Lyman  H.  McNett  (Ap- 
plication No.  157). 

Application  approved  by  Territorial  Engineer. 

Decision  of  Engineer  reversed  and  application  ordered 
rejected.  • 

Apache  Tejo _ W.  B.  C.  Decision,  26  folios. 

No.  8.— Jay  Turley  vs.  C.  W.  Thuringer  (Application  No.  69). 

Application  for  change  of  point  of  diversion  approved 
by  Territorial  Engineer. 

Decision  rendered  dismissing  appeal  to  Board  of  Water 
Commissioners. 

Animas  river _ B.  W.  C.  Decision,  3  folios. 

No.  9. — M.  B.  May  vs.  Sidney  Wilcoxon  (Application  No.  158). 

Application  approved  by  Territorial  Engineer. 

Decision  of  Engineer  affirmed  by  Board  of  Water  Com-* 
missioners. 

Tortilita  Creek .B.  W.  C.  Decision,  5  folios. 

No.  10. — Aubrey  &  Crozier  vs.  Territorial  Engineer  (Applica- 
tion No.  220). 

Application  modified  and  approved  by  Territorial  En- 
gineer. 

Decision  of  Engineer  modified  and  application  ordered 
approved  provided  the  waters  be  applied  to  the  irri- 
gation of  lands  in  New  Mexico,  by  the  Board  of  Water 
Commissioners. 

Glia  river ......B.  W.  C.  Decision,  13  folios. 

No.  11. — J.  L.  Lawson,  C.  E.  Mitchell  and  0.  M.  Lee  vs.  James' 
E|.  Cree  (Application  No.  147). 

Application  modified  and  approved  by  Territorial  En- 
gineer. 

Decision  of  Engineer  affirmed  by  the  Board  of  Water 
Commissioners  with  modifications. 

Appealed  to  District  Court. 

Cedar  and  Carriso  creeks B.  W.  C.  Decisions,  19  folios. 

No.  12. — Frank  E.  Downs  vs.  Henry  Tipton  (Application  No. 
303). 

Application  modified  and  approved  by  Territorial  En- 
gineer. 

Decision  of  Engineer  affirmed  and  appeal  dismissed  by 
board  of  Water  Commissioners, 

Pecos  river B.  W.  C.  Decision,  8  folios. 

QQ 

i/ ^     ~" 


No.  13. — A.  A.  Jones  vs.  Territorial  Engineer  and  Board  of 
Trustees  of  the  town  of  Las  Vegas  (Application  No. 
320). 

Application  rejected  by  Territorial  Engineer. 
Decision  of  Engineer  affirmed  by  Board  of  Water  Com- 
missioners. 
Appealed  to  District  Court. 

Tecolote  and  Gallinas  rivers B.  W.  C.  Decision,  16  folios. 

No.  14. — A.  A.  Jones  vs.  Board  of  Trustees  of  the  town  of  Las 

Vegas  (Application  No.  341). 
Application  approved  by  Territorial  Engineer. 
Decision  of  Engineer  affirmed  by  Board  of  Water  Com- 
missioners. 

Appealed  to  District  Court. 
Gallinas,  Sapello,  Sanguijuela  and  Pecos. 

B.  W.  C.  Decision,  16  folios. 
No.  15. — Board  of  Trustees  of  the  town  of  Las  Vegas  vs.  Placi- 

to  Ranch  Co.  (Applications  Nos.  341,  244). 
Application  No.  341  modified  by  Territorial  Engineer, 

giving  no  right  to  use  water  from  Sapello  river. 
Decision  of  Engineer  reversed,  and  application  ordered 
approved  subject  to  the  rights  of  the  Placita  Ranch 
Company  and  others. 
Appealed  to  District  Court. 

No  244  Sapello  river. B.  W.  C.  Decision,  16  folios. 

No.  16. — Rayado  Land  &  Irrigation  Co.  vs.  Territorial  Engineer 
Appeal  from  non-action  of  Engineer  (Application  No.37). 
Engineer  instructed  by  Board  of  Water  Commissioners 

to  approve  application. 
Appealed  to  District  Court. 
Rayado,  Canyada,  Mora,  Maguina  and  Heck. 

B.  W.  C.  Decision,  10  folios. 

No.  17. — Rayado  Land  &  Irrigation  Co.  vs.  Farmers  Develop- 
ment Co.  (Application  No.  351). 
Application  approved  by  Territorial  Engineer. 
Decision  of  Engineer  affirmed  by  Board  of  Water  Com- 
missioners. 
Appealed  to  District  Court. 

Rayado  river B.  W.  C.  Decision,  7  folios.- 

No.  18.— Schuyler  Smith  vs.  Joseph  E.  Wheeler  (Application 

No.  277). 

Application  approved  by  Territorial  Engineer. 
Appeal  from  decision  was  dismissed  by  Board  of  Water 
Commissioners. 

Westwater  arroyo B.  W.  C.  Decision,  2  folios. 

No.  19.— H.  A.  Jastro  vs.  Rio  Puerco  Irrigation  Co.  (Applica- 
tion No.  78). 

—  100  — 


Application  for  extension  of  time  upheld  by  Territorial 
Engineer. 

Territorial  Engineer  ordered  by  the  Board  of  Water 
Commissioners  to  refuse  the  request  for  an  extension. 

Appealed  to  District  Court. 

Rio  Puerco „ _ B.  W.  C.  Decision,  6  folios. 

No.  20. — H.  A.  Jastro  vs.  Rio  Puerco  Irrigation  Co.  (Applica- 
tion No.  335). 

Application  rejected  by  Territorial  Engineer. 

Decision  of  Engineer  reversed  by  the  Board  of  Water 
Commissioners,  and  application  ordered  approved  sub- 
ject to  the  right  of  the  United  States  Reclamation 
Service  and  others. 

Appealed  to  District  Court. 

Rio  Puerco „ B.  W.  C.  Decision,  28  folios. 

No.  21. — H.  F.  Robinson  vs.  Taos  Valley  Land  Co.,  et  al.  (Ap-> 
plication  No.  254.) 

Application  rejected  by  Territorial  Engineer. 

Decision  of  Engineer  affirmed  by  the  Board  of  Water 
Commissioners. 

Appealed  to  District  Court. 

Rio  Lucero. B.  W.  C.  Decision,  10  folios. 

No.  22. — In  re-application  No.  133  of  H.  B.  Jones  vs.  Territori- 
al Engineer. 

Application  rejected  by  Territorial  Engineer. 

Decision  of  Engineer  reversed  by  Board  of  Water  Com- 
missioners and  application  ordered  approved  subject 
to  any  rights  of  the  United  States  Reclamation  Service 
and  others. 

Agua  Negra  Chiquita „ B.  W.  C.  Decision,  8  folios. 

No.  23. — Springer  Land  and  Irrigation  Co.  vs.  Lake  Charette 
Land  and  Irrigation  Co.  (Application  No.  22). 

Application  for  an  extension  of  time  refused  by  Terri- 
torial Engineer. 

Decision  of  Engineer  reversed  in  part  by  the  Board  of 
Water  Commissioners, 

Ocate  creek B.  W.  C.  Decision,  13  folios. 

Nos.  24,  25,  26  and  27.— In  re-application  Nos.  346  and  424  of 
Andrieus  A.  Jones,  395  of  Urton  Lake  Land  &  Water 
Co.,  405,  406,  407  and  436  of  D.  J.  McCanne,  170,  190, 
410,  411,  421  and  422  of  Ft.  Summer  and  Pecos  Land 
Co.  vs.  Territorial  Engineer. 

Applications  rejected  by  Territorial  Engineer. 

Decisions  reversed  by  Board  of  Water  Commissioners, 
and  applications  ordered  approved  subject  to  the 
rights  of  the  United  States  Reclamation  Service  and 
others. 

Rio  Pecos  and  tributaries B.  W.  C.  Decisions,  35  folios. 

—  101  — 


No.  28.— Jay  Turley  vs.  Black  &  Ponsford   (Application  No. 

371). 

Application  approved  by  Territorial  Engineer. 
Decision  of  Engineer  reversed  by  Board  of  Water  Com- 
missioners and  application  ordered  rejected. 

San  Juan  river B.  W.  C.  Decision,  folios 

No.  29. — Charles  H.  Kohn  vs.  Herman  Gerhardt  (Application 

No.  538). 

Application  approved  by  Territorial  Engineer. 
Decision  of  Engineer  affirmed  by  Board  of  Water  Com- 
missioners. 

Pajarito  creek B.  W.  C.  Decision,  folios. 

No.  30. — Homer  W.   Schofield  vs.  Territorial  Engineer   (Ap 

plication  No.  500). 

Application  limited  in  approval  by  Territorial  Engineer. 
Decision  of  Engineer  affirmed  by  Board  of  Water  Com- 
missioners as  to  part  rejected  in  Application  No.  500, 
but  the  part  approved  was  reversed  and  ordered  re- 
jected. 

Tularosa  river B.  W.  C.  Decision,  11  folios. 

No.  31. — Chas.  L.  Craig  vs.  Chas.  H.  Adams,  Appl.  No.  487. 

Application  for  extension  of  time  rejected  by  State  En- 
gineer. 
Decision  of  State  Engineer  reversed  by  Board. 

Arroyo  Hondo _ 3  folios. 

No.  32. — Anson  A.  Avery  vs.  State  Engineer,  Appl.  No.  293. 
Application  for  extension  of  time  rejected  by  State  En- 
gineer. 
Decision  of  State  Engineer  affirmed  by  Board. 

Arroyo  Hondo  3  folios 

No.  33. — Arlington  Land  Company  vs.  State  Engineer,  Appl. 

Nos.  919,  920,  921,  923,  928  and  929. 
Application  to  appropriate  rejected  by  State  Engineer. 
Decision  of  State  Engineer  reversed  by  Board. 

Chama  and  Brazos  - - 24  folios 

No.  34. — Llano  Irrigation  Company  vs.  State  Engineer,  Appl. 

No.  999. 

Application  to  appropriate  rejected  by  State  Engineer. 
Decision  of  State  Engineer  reversed  by  Board. 

Cabresto  Creek  15  folios 

No.  35. — Farmers  Development  Co.  vs.  State  Engineer,  Appl. 

No.  770. 

Application  to  appropriate  rejected  by  State  Engineer. 
Remanded  to  State  Engineer. 

Rayado  Creek 1  folio 

No.  36.— Bul^  &  L.  C.  Latham  vs.  Andy  C.  Hall  et  ah,  Appl. 

Nos.  1031,  1033  and  1016. 

Application  to  appropriate  granted  by  State  Engineer. 
Decision  of  State  Engineer  affirmed  by  Board. 

—  102  — 


Matcho  and  Berenda  Creeks 8  folios 

No.  37. — Velencia  Water  Co.  vs.  State  Engineer,  Appl.  Nos. 
35,  1036,  1037,  1038,  1039  and  1041. 

Application  to  appropriate  rejected  by  State  Engineer, 
for  extension  of  time. 

Decision  of  State  Engineer  reversed  by  Board. 

Bluewater  Creek - - 24  folios 

No.  38.^1.  U.  Falke  vs.  D.  R.  Harkey,  Appl.  Nos.  55  and  1279, 

Application  to  appropriate  granted  by  State  Engineer. 

Decision  of  State  Engineer  reversed  by  Board. 

Blue  Springs  and  Black  River .....folios 

Appealed  to  District  Court  of  Eddy  County. 


103  — 


INDEX  OF  OPINIONS 

OF 

ATTORNEY  GENERAL  OF  NEW  MEXICO  TO 
STATE  ENGINEER. 


On  File  by  Number. 

No.  1. — Territorial  Irrigation  Engineer,  as  to  approving  appli- 
cations. March  26th,  1906. 

No.  2. — Appropriations  of  water  from  a  tributary  of  Pecos 
river  after  U.  S.  R.  S.  filing.  July  5th,  1906.  . 

No.  3. — Territorial  Irrigation  Engineer,  as  to  payment  of  ex- 
tra help.  July  10th,  1906. 

No.  4. — In  re-expenses  of  Territorial  Irrigation  Engineer.  De- 
cember 12th  and  13th,  1906. 

No.  5.— Sec.  21,  Chap.  102,  Laws  1905.  December  31st,  1906. 

No.  6. — Cost  of  bond  and  printing,  traveling  expenses.  Arte- 
sian Wells.  April  13th,  1907. 

No.  7. — Rules  and  regulations  as  first  approved.  April  18th, 
1907. 

No.  8. — Co-operation  with  U.  S.  R.  S.  at  expense  of  latter. 
April  18th,  1907. 

No.  9.— Sec.  19,  Chap.  102,  Laws  1905.  Construction,  when 
completed.  May  31st,  1907. 

No.  10.— Sec.  19,  Chap.  102,  Laws  1905.  When  plans  not  filed, 
other  applications  can  be  accepted  and  approved.  June 
29th,  1907. 

No.  11. — The  word  "evidence"  as  used  in  the  statute,  August 
,  7th,  1907. 

No.  12. — Board  of  Water  Commissioners  has  not  absolute  conn 
trol  over  State  Engineer's  actions,  also  as  to  rules 
and  regulations.  August  23rd,  1907. 

No.  13. — Territorial  Engineer  has  no  judicial  powers.  Relation 
of  land  to  application  for  water.  Proof  can  be  taken 
either  orally  or  by  written  testimony  or  affidavit  or 
deposition.  August  23rd,  1907. 

No.  14. — Applicant  shall  show  necessary  data  as  required.  Oc- 
tober 23rd,  1907. 

No.  15.— Applicant  does  not  have  to  own  land.  Flow  of  springs 

—  104  — 


can  be  developed  and  appropriated.  Applications  for 
enlargement  can  be  made.  November  24th,  1907. 

No.  16. — Salary  and  expenses  of  Territorial  Engineer,  January 
9th,  1908. 

No.  17. — Expenditure  of  Rio  Grande  Improvement  Fund.  Jan- 
uary 15th,  1908. 

No.  18. — Hiring  Hydrographer  in  co-operation  with  U.  S.  G.  S. 
April  2nd,  1908. 

No.  19. — What  consitutes  stream  system  in  ordering  Hydro- 
graphic  Survey.  April  6th,  1908. 

No.  20. — Consulting  work  can  de  done  by  State  Engineer.  May 
15th,  1908. 

No.  21. — License  to  appropriate  and  how  limited.  June  2nd, 
1908. 

No.  22. — Santa  Barbara  Tie  and  Pole  Company  rights.  July 
28th,  1908. 

No.  23. — Filing  subsequent  to  March  19th,  1907,  with  County 
Clerk.  October  2nd,  1908. 

No.  24. — Extension  of  time  can  be  granted  on  Territorial  Irri- 
gation Engineers  filings.  November  llth,  1908. 

No.  25. — Necessary  for  old  irrigation  works  to  receive  sanction 
of  State  Engineer  before  reconstruction.  January  llth, 
1908. 

No.  26. — As  to  publication  of  notices  for  four  weeks.  April 
13th,  1909. 

No.  27. — Three  years  limitation  on  Government  filings  on 
Pecos.  March  22nd,  1910. 

No.  28. — Inspector  can  be  appointed  and  to  be  paid  by  Irriga- 
tion Companies.  March  23rd,  1911. 

No.  29. — Status  of  a  permit  for  water;  when  work  was  not 
commenced  according  to  date  set;  when  one-fith  was 
not  completed  within  time  allowed;  when  whole  was 
not  completed  within  time  allowed;  when  water  was 
not  applied  to  use  within  time  allowed.  April  21st, 
1914. 


OPINIONS  ON  FILE  WITH  WATER  PERMITS. 

Irrigation  gramma  grass  beneficial  use.     October  16th,  1911. 

Filed  in  Application  No.  16. 
Reinstatement  of  rejected  applications  on  Pecos  river.  October 

30th,  1911.     Filed  in  Application  No.  466. 
Decision  in  Moun  Day  case  for  claim  of  water  for  grant  lands. 

October  4th,  1911.    Filed  in  Application  No.  5. 
Approving  a  subsequent  application  in  preference  to  one  filed 

prior.    Filed  in  Application  No.  92. 
Recognizing  officers  of  the  United  States  to  appropriate  water. 

-  105  — 


They  cannot  dictate  to  State  officials.     April  20th, 
1910.    Filed  in  Application  No.  401. 
Diversion  from.  Colorado  to  use  in  New  Mexico.    June  22nd, 

1908.  Filed  in  Application  No.  88. 

Diversion  from  New  Mexico  to  use  in  Arizona.    August  3rd, 

1909.  Filed  in  Application  No.  220. 

Filing  by  Government  of  United  States  for  Urton  Lake  pro- 
ject. November  17th,  1909.  Filed  in  Application  No.  5. 

Appropriation  of  seepage  water  and  underflow.  March  19th, 
1908.  Attorney  General's  No.  537.  Filed  in  applica- 
tion No.  154. 

Withholding  action  while  suit  pending  before  court.  December 
30th,  1910.  Filed  in  Application  No.  341. 

Water  can  be  applied  to  other  lands  than  those  described  in 
permit.  April  14th,  1909.  Filed  in  Application  No.  71. 

Change  of  point  of  diversion.  December  18th,  1911.  Filed 
in  Application  No.  40. 


OPINIONS  AS  SET  FORTH  IN  EEPORT  BY 
ATTORNEY  GENERAL 

March,  1909,  to  January,  1912. 

Page 

Application  to  territorial  engineer  to  give  bond 133 

Application  cannot  be  approved  if  water  appropri- 
ated by  U.  S _...._ _ _„. 156,  157 

Appropriation  of  water  limited  to  New  Mexico 46,  48 

Appropriation  of  water  by  United  States.    Claims  of 

A.  A.  Jones . 89 

Arroyo  Pecos,  Bernal,   Gallinas  and  Sapello  rivers, 

Sanguijuela  creek  and  Tecolotito  canon 91 

Artesian  well  contractors,  bonds  of. 75 

Carlsbad  and  Las  Vegas  project  90 

District  organized  for  irrigation  by  pumping <  159 

Engineer  may  employ  assistants  to  inspect  construction 184 

Engineer  must  pass  on  earlier  claims  in  conflict  with 

new  applications _ 59 

Engineer  ought  not  to  decide  matters  in  litigation. 60 

Publication  of  application  for  permit 212 

Rules  of  engineer  and  water  board . 133 

Streams  and  waters  under  territorial  control —  129 

Unpatented  land  in  district  „ 165 

Water  commissioners  may  require  payment  of  fees  and 

make  rules  _ 206 

Waters  used  in  lands  other  than  specified  in  application. 20 

—  106  — 


January,  1912,  to  December,  1913. 

Page 

Cost  of  inspection  of  works  to  be  paid  state  engineer. 90 

Director  of  district  not  disqualified,  when. 263 

Election  of  ditch  boss  in  Valencia  county 103 

Qualifications  of  voters  119 

Rayado  Land  Company,  duty  of  state  engineer....- 99 

Taxation  of  plants  312 

Unappropriated  water  of  Palomas  river ^ _.: 282 

January  1st  to  December  31st,  1914. 

Page 
Failure  to  perform  annual  labor  upon  a  community  ditch 

as  affecting  right,  to  the  use  of  water. 118 

Duties  of  State  Engineer  in  regard  to  Applications  for 
waters  for  beneficial  use  when  work  was  not  com- 
menced according  to  date  set ;  when  one-fifth  was  not 
completed  within  time  allowed;  when  whole  was  not 
completed  within  time  allowed;  when  water  was  not 
applied  to  use  within  time  allowed.  "April  21st,  1914.  56 

Failure  of  duty  of  Mayordomo,  penalty ,  118 

Failure  to  use  water  will  not  alone  cause  loss  of  right 29 

Five  incorporators  needed  for  irrigation  company 55 

Granting   extension   of   time   for   completion   of   Arroyo 

Hondo— Project  Santa  Fe  County 222 

-Law  as  to  prior  appropriations  of  water. 131 

Prior  rights  to  water,  necessity  for  filing  application 186 

Taken  from  New  Mexico  to  Colorado  for  storage 148 — 170 

To  be  applied  to  state  lands 143 

Vote  at  acequia  election „ 221 

} 
January  1,  1915,  to  December  1,  1916. 

Appropriation  of  flood  waters.. ~ 366 

Appropriations  of  waters  of  Rio  Grande 90 

Change  by  state  engineer  of  Point  of  diversion  on  old 

rights ..— ~ 115 

Enlargement  of  existing  reservoir. 71 

Fences  across  irrigation  ditches 150 

Power  of  ditch  commissioners _ 323 

Right  of  applicant  to  enlarge  existing  works : * 71 — 92 

Vacancy,  board  of  acequia  commissioners 62 — 323 

Janury  1,  1917,  to  December  31,  1918. 

Opinion  No. 

Delinquent  stockholders  in  irrigation  district 1939 

Maintenance  of  bridges  over  acequias _ 2011 

—  107  — 


Qualification  of  voter  at  election  to  form  irrigation  dis- 
trict   - _ 2044 

Extension  of  time  for  completing  projects _.. 1938 

San  Juan  County  projects.. - - _.....l....... U 1938 

Opinions  on  File  in  Attorney  General's  Office. 

Opinion  No. 

Constructing  storage  reservoirs  in  San  Luis  Valley  of  Colo- 
rado for  use  of  waters  of  upper  Gio  Grande,  unlawful  2564 

Permit  to  appropriate  waters 2199 

Consolidation  of  acequias - _ 2208 

Service  of  notice  should  be  made  by  registered  mail 2252 

State  engineer  has  no  jurisdiction  to  dismiss  or  deny  appli- 
cation for  failure  to  make  deposit  to  cover  cost  of 
hearing  protest  - - 2252 

Certificate  of  state  engineer  approving  or  disapproving 2277 

State  Engineer — 

What  amount  may  be  refunded- to  applcant  who  has 
filed  notice  of  intention  to  make  formal  application 
for  permit  to  appropriate  waters  but  thereafter  fails 
to  perfect  said  application. ........ 2385 

Regarding  the  diversion  of  water  from  the  Costilla  River 
into  Colorado  by  the  Costilla  Estates  Development 
Company 2363 

Separate  and  distinct  project  from  the  original  application 

requires  amended  filing „....„ 2435 

Collection  of  costs  for  making  hydrographic  survey  shall 
be  charged  against  the  private  individuals  in  propor- 
tion to  the  amount  of  water  rights  allowed.. 2465 

Re  extensions  of  time  in  which  to  complete  irrigation  pro- 
jects  - 2470 


—  108  — 


INDEX  OF  WATER  DECISIONS 

*    OF  THE  

SUPREME  COURT 

Candelaro  v.  Vallejos,  13  N.  M.,  81  Pac.  589. 

Community  ditches  tenants  in  common. 

Cannot  be  changed  unless  impossible  to  reconstruct. 

"Public  involuntary  quasi  corporations." 

"Agreement  is  contract  between  all  parties. " 

Course  of  ditches  or  acequias  prior  to  1851  act  shall  not  be 

disturbed. 
City  of  Albuquerque  v.  Antonio  Garcia  et  al.,  17  N.  M.  445. 

City  has  no  power  to  control  community  acequia  in  actual 

use  for  conducting  water  for  the  irrigation  of  lands. 

De  Baca  v.  Pueblo  of  Santo  Domingo,  10  N.  M.  38,  60  Pac.  73. 

Failure  to  work  an  acequia  under  laws  regulating  same, 
will  not  justify  thosfe  not  interested  to  appropriate 
water  flowing  through  it. 
Farmers'  Development  Co.  v.  Rayado  Land  &  Irrigation  Co., 

133  Pac.  104  and  134  Pac.  216. 

Board  of  Water  Commissioners  not  called  on  to  review  discre- 
tion of  Engineer. 

Appeal  Dismissed. 
Land  &  Irrigation  Co.  v.  Gutrierrez,  10  N.  M.  177 ;  61  Pac.  357. 

Companies  organized  under  irrigation  laws  of  New  Mexico, 
exercising  right  of  eminent  domain  are  quasi-public 
servants. 

Doctrine  of  prior  appropriation  on  Rio  Grande  (1)  must 
be  rightful  diversion  (2)  water  applied  to  some  bene^ 
ficial  use — both  must  exist. 

Doctrine  of  common  law  no  longer  exists. 

Appropriations  may  become  vested  by  continuous  use,  or 
may  be  lost  by  non-user. 

Definition  of  Surplus  Water. 
Hagerman  Irrigation  Co.  v.  J.  F.  McMurray,  16  N.  M.  172. 

Application  to  use  to  be  within  resonable  time. 

Riparian  rights  in  natural  streams  not  in  effect. 

Water  reduced  to  possession  by  artificial  means,  is  per- 
sonal property. 

Corporation  can  appropriate  water  as  trustees. 

Exemplary  damages;  preliminary  and  premanent  injunc- 
tions. 
Jaquez  Ditch  Co.-  v.  Leonor  Garcia,  et.  al,  17  N.  M.  160. 

Arroyo  is  natural  water  course. 

—  109  — 


Kenny  v.  Carrillo,  2  N.  M.  480. 

When  subterranean  stream  supplying  spring  cannot  be  di- 
verted above. 

Diversion  from  public  land  to  private  land. 

Well  defined  and  constant  subterranean  stream  afforded 
same  protection  after  appropriation  as  though  it  ran 
through  natural  channel  on  surface. 

La  Mesa  Community  v.  E.  A.  Herron,  et  al.,  No.  1622  Supreme 
Court  file. 

No  remedy  for  collection  of  assessments  except  depriva- 
tion of  right  to  use  water. 

Unlawful  diversion  will  not  warrant  equitable  relief,  as 

statute  affords  ample  remedy. 
Millheiser  v.  Long,  10  N.  M.  99 ;  61  Pac.  111. 

Prior  appropriations  where  numerous  tracts  are  concerned. 

Meaning  of  prior  appropriation. 

Capacity  of  ditch  alone  does  not  constitute  a  valid  appro- 
priation. 
Norton  v.  Hindrelider,  15  N.  M.  666. 

Extra  cost  of  former  is  not  sufficient  to  cancel  in  favor  of 
latter  project.  i 

Cause  remanded  for  facts,  agreement  or  otherwise,  essen- 
tial to  a  satisfactory  decision  of  the  cause. 
Oscar  C.  Snow  v.  Francisco  Abalos,  et  al,  No.  1626  Supreme 
Court  file  Chap.  1,  S.  L.  1895,  was  purely  administra- 
tive. 

In  New  Mexico  ''Colorado  Doctrine"  of  prior  appropria- 
tion prevails. 

An  appropriation  does  not  acquire  a  right  to  specific  water 
from  a  stream. 

Intention  to  apply,  followed  with  due  diligence,  and  ulti- 
mate application  gives  right  to  water. 

Community  water  user  acequias  a  several  right  from  stream  or 
source  of  supply. 

Such  rights  are  not  attached  to  ditch  but  appurtenant  to 
land  irrigated. 

Sec.  1,  Chap.  1,  S.  L.  1895,  did  not  divest  individual  prop- 
erty rights  theretofore  owned  or  possessed. 

A  several  right  owner  is  proper  and  necessary  party  in  an 
adjudication  suit;  a  contract  to  assign  does  not  mili- 
tate against  such  a  right. 
Pueblo  of  Isleta  v.  Tondre,  et  al.,  137  Pac.  86. 
Same  v.  Picard,  et  al., 

Laws  of  1907,  Chap.  49,  does  not  regulate  cummunity  ace- 
quias construction  prior  to  act,  so  as  to  affect  the 
right  to  change  point  of  diversion. 
Bio  Puerco  Irrigation  Co.  v.  Jastro,  141  Pac.  p.  874. 

Two  cases  (Nos.  1546,  1547.) 

-  110  — 


Financial  inability  not  sufficient  justification  for  an  ex- 
tension of  time  by  the  State  Engineer.  Approval  of 
application  for  permit  by  district  court,  on  appeal  the 
appellate  court  presumes  there  is  unappropriated  wat- 
er available. 
Smith  v.  Hicks,  14  N.  M.  560;  98  Pac.  138. 

Damages  collectible  for  not  furnishing  water. 
"Furnished"  use  in  the  sense  "deliver,"  water  in  contro- 
versy being  artesian. 
Territory  v.  Baca,  2  N.  M.  183. 
Same  v.  Tafoya,  2  N.  M.  191. 

Not  a  criminal  act  to  violate  acequia  law  of  Jan  7,  1852. 
Trambley  v.  Luterman,  6  N.  M.  15 ;  37  Pac.  312. 

Riparian  rights  not  in  force  in  New  Mexico. 
Community  Ditches  or  acequias  of  Tularosa  Townsite  v.  Tula- 

rosa  Community  Ditch,  16  N.  M.  750. 
Remedy  for  unlawful  assumption  of  right  to  act  as  a  cor- 
poration. 
Turley  et  al,  v.  L.  B.  Furman  et-al.,  16  N.  M.  253. 

Permit  cannot  be  issued  to  irrigate  lands  in  New  Mexico 

when  diversion  is  from  Animas  river  in  Colorado. 
U.  S.  v.  Irrigation  Co.,  13  N.  M.  386 ;  85  Pac.  393. 

Forfeiture  by  act  of  Congress  unless  work  completed  in 

five  years. 
U.  S.  v.  Rio  Grande  Dam  &  Irrigation  Co.,  10  N.  M.  617;  65 

Pac.  276. 

Dam  would  not  impair  navigability  of  stream. 
Rio  Grande  in  New  Mexico  not  navigable  stream. 
U.  S.  v.  Lee,  15  N.  M.  382. 

Acquiring  right-of-way  over  unsurveyed  public  lands. 
Vanderwork  v.  Hewes  &  Dean,  15  N.  M.  439. 

Sec.  12,  Ch.  49,  Laws  1907,  relates  to  unappropriated  wat- 
ers within  State. 
Sec.  1  does  not  govern  seepage  water,  any  authority  is 

found  under  Sec.  53,  if  such  exists. 
"Constructed  works"  means  constructed  reservoirs  and 

ditches  not  artesian  wells. 
Certain  classes  of  percolating  water  are  a  part  of  land  and 

need  not  be  applied  for  through  Engineer. 
Another  owner  can  use  seepage  or  drainage  water  from  an- 
other's land  subject  to  the  prior  right. 
Water  Supply  Co.  v.  City  of  Albuquerque,  17  N.  M.  326. 

' Domestic  use"  is  water  as  applied  by  family,  for  family 
use,  and  includes  watering  animals,  but  not  use  for 
public  parks  or  public  resorts,  maintained  by  city,  or 
temporary  quenching  of  thirst  of  animals  while  en- 
gaged for  working  street. 

—  Ill  — 


.  < 


Miller  v.  Klasner,  19  N.  M.  21. 

Held  in  a  suit  to  enjoin  A  from  interfering  with  a  certain 
ditch  and  the  distribution  of  water  therefrom,  where 
A  was  acting  under  the  authority  of  B,  not  a  party  to 
the  suit  and  who  owned  an  interest  in  the  ditch,  and 
conducted  water  through  the  same  for  the  irrigation 
of  her  lands,  that  B  was  a  necessary  party  to  the  suit, 
as  complainants  right  to  the  relief  depended  upon  an 
adjudication  of  his  right  to  the  use  of  the  ditch  and 
water  as  against  B. 
La  Mesa  Community  Ditch  v.  Appelzoeller,  19  N.  M.  75. 

The  unlawful  diversion  of  water  from  a  community  ace- 
quia,  or  the  naked  trespass,  unaccompanied  with  great 
or  irreparable  damage  or  mischief,  will  not  warrant 
equitable  relief  as  the  statute  affords  ample  remedy. 
Miller  v.  Hagerman  Irrigation  Company,  20  N.  M.  604. 

Section  5718,  Code  1915,  interpreted. 
In  re  Dexter-Greenfield  Drainage  District,  21  N.  M.,  286. 

Sections  1877-1958,  Code  1915,  interpreted. 
Halford  Ditch  Company  v.  Independent  Ditch  Co.,  22  N.  M.  169. 
Where  two  or  more  community  ditches  take  water  from  a 
common  ditch  or  head,  and  the  lower  ditch  has  en- 
gaged the  upper  one  either  by  reason  of  a  contract 
with  the  upper  ditch  or  by  reason  of  the  common  ease- 
ment and  acquiescence  of  the  water  right  owners  in 
said  upper  ditch,  the  lower  ditch  becomes  a  tenant  in 
common  with  the  upper  ditch  in  the  common  structure, 
and  as  such  is  entitled  to  the  joint  management  and 
control  of  the  same  in  so  far  as  the  joint  maintenance 
of  the  ditch  is  concerned. 
Young  v.  Dugger,  23  N.  M.,  613. 

Irrigation  of  lands  by  private  persons  constitutes  a  public 
use  and  lands  of  another  may  be  condemned  for  ditch 
purpose  in  aid  thereof. 
Bolles  v.  Pecos  Irrigation  Company,  23  N.  M.  32. 

Right  to  perpetually  receive  water  from  canal  constitutes 

an  easement  in  the  canal. 
Rio  Mimbres  Irrigation  Company  v.  Ervien,  23  N.  M.  190. 

Under  circumstances  stated  held  that  obligor  was  not  re- 
quired to  build  a  reservoir  and  judgment  for  breach 
of  such  provision  held  erroneous. 

Hagerman  Irrigation  Co.  v.  E.  Grand  Plain  D.  D.,  25  N.  M.,  649. 
Artificial  waters  are  not  subject  to  appropriations  under 
the  statutes  of  this  State.  Natural  waters  flowing  in 
streams  and  water  courses  are  subject  to  appropria- 
tion. The  creator  of  an  artificial  flow  of  water  is  the 
owner  of  the  water  so  long  as  it  is  confined  to  his 
property,  but  when  such  artificial  waters  are  deposited 

—  112  — 


into  a  natural  stream,  and  the  creator  of  the  flow  has 
lost  his  dominion  over  the  same,  such  waters  become 
a  part  of  the  waters  of  the  stream  and  are  subject  to 
appropriations  and  use;  but  it  is  only  after  such 
waters  reach  the  stream  that  they  are  subject  to  ap- 
propriation and  use,  and  the  appropriator  or  user  of 
such  waters  can  acquire  no  right  as  against  the  creator 
of  the  flow  to  require  him  to  continue  supplying  such 
waters  to  the  stream. 

Where  a  drainage  district,  organized  under  the  statutes 
of  this  state,  constructs  a  drainage  system,  and  the 
drainage  ditch  flows  into  an  irrigation  canal,  no  right 
on  the  part  of  the  irrigation  canal  exists  to  require  a 
continuation  of  such  flow  of  water. 
Acequia  Llano  v.  Acequia  Las  Joyos,  25  N.  M.  134. 

The  individual  consumers  under  a  community  ditch  or 
acequia,  not  having  been  made  parties  to  the  acequia  's 
action  against  another  acequia  to  enjoin  diversion  of 
water,  etc.,  were  not  bound  by  the  decree  against  de- 
fendant and  their  rights  to  use  the  water  could  not  be 
adjudicated  in  action  to  which  they  were  not  parties. 
Sjtate  ex  rel.  Black  v.  Aztec  Ditch  Co.,  et.  al.,  25  N.  M.,  590. 

In  an  action  of  mandamus  to  require  officers  of  a  com- 
munity ditch  to  give  to  relator  a  specified  portion  of 
the  waters  carried  by  the  ditch,  the  rights  and  prior- 
ities of  the  consumers  cannot  be  adjudicated  and  the 
individual  water  users  are  not  necessary  or  proper 
parties  to  the  suit.  If  the  rights  of  the  users  have  not 
been  adjudicated  or  fixed  by  agreement  or  contract, 
and  are  undetermined  and  unknown,  mandamus  will 
not  lie,  but  the  parties  must  first  secure  an  adjudica- 
tion of  the  rights  of  the  consumers  or  water  users. 

Community  acequias  are  public  acequias  within  the  mean- 
ing of  Sec.  5731,  Code  1915. 

Sections  5744,  5759,  5763  and  5765,  Code  1915,  construed. 


—  113  — 


RULES 

OP  THE  - 


BOARD  OF  WATER  COMMISSIONERS 
OP  NEW  MEXICO 


Rule  I.    Clerk. " 

1.  The  clerk  of  this  board  shall  reside  and  keep  his  office 
at  Santa  Pe  and  he  shall  not  practice  as  an  attorney  in  any 
case  which  may  come  before  the  board. 

2.  The  clerk  shall  not  permit  any  -original  paper  or  record 
to  be  removed  or  taken  out  of  his  custody  without  an  order 
from  the  board. 

Rule  II.    Transcript. 

1.  In  every  case  of  appeal  from  the  decision,  action  or  non- 
action   of  the   State   Engineer  the   appellant  shall   cause   to 
be  filed  with  the  clerk  a  certified  transcript  of  the  record  in 
the    State    Engineer's    office,    or    of    such    portions    thereof 
as  are  necessary  to  the  review  of  the  questions  or  issues  in- 
volved, including  copy  of  notice  of  appeal  and  proof  of  service, 
together  with  certified  copies  of  papers,  maps,  plats,  field  notes 
and  other  data  in  the  State  Engineer's  office  pertinent  to  the 
matter  in  controversy. 

2.  In  case  appellee  desires  to  take  up  more  of  the  record 
than  appears  in  the  transcript  filed  he  may  have  additional 
portions  thereof  certified  and  filed  at  his  expense  in  the  first 
instance,  but  in  case  the  board  determines  the  same  to  be  nec- 
essary to  a  proper  hearing  of  the  case  such  expense  shall  be 
afterwards  taxed  as  other  costs  in  the  case. 

3.  Where  the  transcript  contains  portions  of  the  record  not 
necessary  for  a  proper  determination  of  the  questions  or  issues 
to  be  reviewed  the  costs  of  transcribing  such  unnecessary  por- 
tions shall  be  taxed  against  the  party  procurring  the  same. 

Rule  III.    Docketing. 

1.  The  clerk  shall  enter  and  number  all  cases  upon  the 
docket  in  the  order  of  filing,  specifying  upon  the  docket  the 
dates  of  filing  of  the  transcript  and  other  papers. 

—  114  — 


2.  The  docket  shall  show  in  convenient  form  the  names  of 
the  parties  in  each  case,  the  names  of  their  attorneys,  the  na- 
ture of  the  case,  the  filing  of  each  paper,  the  appearances  of 
parties,  a  brief  statement  of  every  notice,  return,  motion,  order, 
judgment  or  other  proceeding,  with  the  dates  thereof,  and  with 
reference  to  the  journal  or  record  of  the  board,  the  costs  taxed 
for  each  item  and  all  costs  received,  so  that  it  will  show  in 
brief  an  outline  of  each  case  from  the  beginning  and  serve 
as  an  index  to  the.  journal  or  record  of  the  proceedings  of  the 
board. 

Rule  IV.      Cases. 

1.  Cases  will  be  called  and  heard  in  the  order  in  which 
they  appear  on  the  docket,  except  where  a  case  may  be  ad- 
vanced by  order  of  the  board. 

2.  Two  or  more  cases  involving  the  same  questions  may,  by 
order  of  the  board,  be  heard  together  and  argued  as  one  case. 

Rule  V.    Appearance. 

1.  Parties  may  appear  either  in  person  or  by  counsel.    Ap- 
pearance by  counsel  must  be  evidenced  by  proper  writing  filed 
with  the  clerk. 

2.  When  there  is  no  appearance  for  appellant  when  the  case 
is  called  for  trial,  appellee  may  have  appellant  called  and  move 
to  have  the  appeal  dismissed  or  may  present  evidence  and  ar- 
gument and  pray  for  judgment. 

3.  When  there  is  no  appearance  for  appellee  when  the  case 
is  called  for  trial,  the  board  may  proceed  to  hear  evidence  and 
argument  on  behalf  of  appellant  and  give  judgment  according 
to  the  right  of  the  case. 

4.  When  there  is  no  appearance  for  either  party  when  the 
case  is  called,  the  board  may  order  the  appeal  dismissed  at  the 
cost  of  appellant. 

5.  In  any  case  of  no  appearance  for  either  or  both  parties 
the  board  may,  in  its  discretion,  order  a  postponement  of  the 
hearing. 

6.  In  case  either  party  does  not  desire  to  appear  at  the 
hearing  he  may  submit  printed  or  written  brief  or  argument 
which  will  be  considered  and  acted  upon  as  if  it  had  been  pre- 
sented personally. 

Rule  VI.    Evidence. 

1.  At  any  hearing  before  the  board  either  party  may  pre- 
sent oral  or  documentary  evidence  in  addition  to  the  record. 

2.  When  either  party  desires  to  have  testimony  of  witnesses 
transcribed  he  shall  deposit  with  the  clerk  sufficient  funds  to 
pay  for  the  same  at  the  rates  charged  for  transcribing  testi- 
mony in  cases  in  district  courts  of  New  Mexico. 

-  115  — 


Rule  VII.    Order  of  Argument. 

1.  The  appellant  shall  be  entitled  to  open  and  conclude  the 
argument.  Where  there  are  cross  appeals  the  protestant  in 
the  proceedings  before  the  State  Engineer  shall  be  entitled 
to  open  and  conclude. 

Rule  VIII.    Motions. 

1.  All  motions  must  be  reduced  to  writing  and  filed  with 
the  clerk. 

Rule  IX.    Motion  for  Rehearing. 

1.  Motion  for  rehearing  may  be  presented  only  when  filed 
with  the  clerk  within  ten  days  after  decision  and  may  be  heard 
upon  printed  or  written  argument  during,  or  upon  oral,  printed 
or  written  argument  at  the  next  regular  or  special  meeting. 

Rule  X.    Costs  and  Fees. 

1.  Costs  will  be  taxed  at  the  same  rates  as  like  costs  in  the 
district  court  of  New  Mexico  and  the  clerk  may  require  parties 
to  make  sufficient  deposit  to  cover  same. 

2.  Docketing,  filing  and  other  fees  of  the  clerk  shall  be  the 
same  as  in  cases  in  the  district  court. 

Fees  of  Clerk. 

Docketing  each  case $2.00 

Issuing  each  process  or  writ   (except  subpoena)   and  in- 
cluding all  endorsements  thereon. 1.00 

Copies  of  process  to  serve,  each. :. 50 

Filing  any  paper  and  entering  upon  docket,  each 15 

Subpoena  for  witness,  each 25 

Each  certificate  under  seal 50 

Entering  on  journal  and  docket  any  motion,  rule,  order, 

judgment  or  decision  _ _ _ 25 

And  additional  for  each  folio  of  100  words  or  fraction 

thereof „ 15 

Taking  and  approving  each  bond ~ 50 

Making  necessary  journal  and  docket  entries  upon  dis- 

missine  an  ar>i)eal  1.50 

O  '          frfr 

Issuing  commission  to  take  testimony 1.00 

Certified  copy  of  any  decision,  order  or  paper. 50 

Additional  for  each  folio  of  100  words  or  fraction. 15 

As  to  all  matters  not  provided  for  in  these  rules,  the  rules 
of  the  Supreme  and  District  Courts  of  New  Mexico,  in  so  far 
as  they  may  be  applicable,  are  adopted  by  the  board. 


—  116 


